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The 
NORTH CAROLINA 

REGISTER 



RECEiVEO 



IN THIS ISSUE 



,''''3 ■'■17 

A># y8RAR^ FINAL DECISION LETTERS 

STATEMENTS OF ORGANIZATION 



PROPOSED RULES 
Administration 
Agriculture 

Cosmetic Art Examiners 
CPA 

Human Resources 
Insurance 
NRCD 
Nursing, Board of 

FINAL RULES 
Correction 



LIST OF RULES AFFECTED 
ISSUE DATE: AUGUST 1 5, 1 988 
Volume 3 • Issue 10 • Pages 401-507 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Caroli)ia Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\'e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-fi\'e dollars ($95.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Registerheiore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary' rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 da; 
whichever is less. An agency adopting a temporary n 
must begin normal rule-making procedures on the p( 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boan 
The NCAC comprises approximately 15,000 letter si: 
single spaced pages of material of which approxima 
ly 35% is changed annuallv. Compilation and public 
tion of the NCAC is mandated by G.S. 150B-63(b), 

The Code is divided into Titles and Chapters. Ea 
state agency is assigned a separate title which is ft 
ther broken down by chapters. Title 21 is designat 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimi 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0.15) per ea 
additional page. 

(2) The full publication consists of 52 volum( 
totaling in excess of 15,000 pages. It is si 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased f 
seven hundred and fifty dollars ($750.00). ' 
dividual \olumes may also be purchased wi 
supplement ser\'ice. Renewal subscriptions f 
supplements to the initial publication availab 

Requests for pages of rules or volumes of the NCy 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pi 
cedures to be followed. For specific statutory' langua; 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited bv volume, issx 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198( 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes. 
Subscriptions ninety-five dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement senice by 
the Office of Administrative Hearings, P.O 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes 
Subscriptions se\en hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 



I. FINAL DECISION LETTERS 

Voting Rights Act 401 




II. STATEMENTS OF 
ORGANIZATION. 



.403 



Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, .\C 27604 

(919) 733 - 2678 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
MoUy Mason, 

Assistant Director 



III. PROPOSED RULES 
Administration 

Administrative .Analysis 

Division 447 

Agriculture 

N.C. State Fair 451 

Plant Industry 453 

Standards Division 452 

Human Resources 

Facility Ser\'ices 455 

Medical Assistance 461 

Mental Health: General 457 

Mental Health Hospitals 459 

Insurance 

Company Operations Division.. 470 

Fire and Casualty Division 461 

Licensing Boards 

Cosmetic Art Examiners 473 

CPA Examiners 472 

Nursing, Board of 477 

NRCD 

Wildlife Resources and 

Water Safety 470 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Latarsha Roberts, 

Records Clerk 



IV. FLSAL RULES 

Correction 

Division of Prisons 490 

V. LIST OF RULES AFFECTED 

August 1, 1988 496 

VI. CUMUL.ATIVE INDEX 505 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(March I9S8 - March 1989) 



Issue 


Last Day 


Last Day 


Earliest 


♦ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++++++++ 


++++++++ 


++++++++ 


++++♦*+♦ 


l,l,i!^^l,tfi 


08/01/88 


07/11/88 


07/18/88 


08/31/88 


12/01/88 


08/15/88 


0''/26788 


08/02/88 


09/14/88 


12/01/88 


09/01/88 


08/11/88 


08/18/88 


10/01/88 


01/01/89 


09/15/88 


08 26/88 


09 02/88 


10/15/88 


01/01/89 


10/03/88 


09/12/88 


09/19/88 


11/02/88 


02/01/89 


10/14'88 


09/26/88 


10/03/88 


11/13/88 


02/01/89 


11/01/88 


10/11/88 


10/18/88 


12/01/88 


03/01/89 


11/15/88 


10 '26/88 


11/02/88 


12/15/88 


03/01/89 


1201 88 


1 1 07/88 


11/15 88 


12/31/88 


04/01/89 


12,15,88 


11/23/88 


12/02/88 


01/14/89 


04/01/89 


01/02/89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date" , that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 1 20-30.91-1, effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAP:TGL:svw 

DJ 166-012-3 Voting Section 

T9913-9916 P.O. Box 66128 

\V2806 Washington, D.C. 20035-6128 

July 5, 1988 

DeWitt F. McCarley, Esq. 

City Attorney 

P.O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. McCarley: 

This refers to the four annexations [Ordinance Nos. 1814, 1815, 1816, and 1836 (I988)| and the 
designation of the annexed areas for the City of Greenville in Pitt County, North Carolina, submitted 
to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c. We received your submission on May 6, 1988. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibihty to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



NOR TH CAROLINA REGIS TER 401 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

\VBR:LLT:TGL:dvs 

DJ 166-012-3 Voting Section 

W1678 P.O. Box 66128 

W3482 Washington, D.C. 20035-6128 

July 22, 1988 

David A. Holec, Esq. 

Citv Attorney 

P.O. Box 1388 

Lumberton, North Carolina 28359-1388 

Dear Mr. Holec: 

This refers to the annexation [Ordinance No. 1038 ( 1988)] and the designation of the annexed area 
to Precinct No. 1 for the City of Lumberton in Robeson County, North Carolina, submitted to the 
Attorney General pursuant to Section 5 of the Voting Rights .\ct of 1965, as amended, 42 U.S.C. 
1973c. We received your submission on June 1, 1988. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



402 NOR TH CAROLINA REGIS TER 



STA TEMENTS OF ORGANIZA TION 



[The following Statements of Organization were submitted to the Director of the Office of Admin- 
istrative Hearings for publication pursuant to G.S. I SOB- 10 and 26 NCAC 2B .0/02. J 



NORTH CAROLINA DEPARTMENT OF 
ADMINISTRATION 

The Department of Administration (DOA) was 
created by the 1957 General Assembly in an ef- 
fort to consolidate many of the administrative 
aspects of State Government. The Executive 
Organization Act of 1973 recreated the Depart- 
ment and established the Department as one of 
nineteen major departments of State Govern- 
ment. The head of the Department is the Sec- 
retary who is appointed by the Governor and 
serves at the pleasure of the Governor. 

The Department of Administration has two 
primary duties: 

1. Advance the effective management, efficient 
operation and fair conduct of the execu- 
tive branch. 



In addition, the Council identifies and assesses 
women's needs, collects and distributes informa- 
tion, coordinates efforts within the state to meet 
the special needs of women, acts as a resource for 
the county and regional Councils on the Status 
of Women, and encourages innovative programs 
for women. 

The North Carolina Council on the Status of 
Women is the only state agency which advocates 
exclusively on behalf of women's needs. It con- 
tinually assesses the problems and potential of 
women throughout the state and it offers a vari- 
ety of programs and services based on the fol- 
lowing priorities: equal opportunities Ln 
employment and education for women, services 
to women in crisis, and coordination among 
groups and individuals working on behalf of 
women. 



2. Host boards and commissions representing 
various segments of North Carolina's 
population that have traditionally been 
underrepresented. 

The Department is organized into Divisions and 
Agencies with brief descriptions as follows: 



OFFICE OF THE SECRETARY 

Board of Science and Technology 

The purpose of this Board is to identify impor- 
tant research needs of both public and private 
institutions and organizations in North CaroUna; 
to make recommendations concerning policies, 
procedures, and organizational structures that 
will promote effective use of scientific and tech- 
nological resources in fulfilling the research needs 
identified, and to support research projects, pur- 
chase research equipment and supplies, construct 
or modify research facUities and to employ con- 
sultants from funds made available to the Board. 



Division of Policy and Planning 

This division encourages and assists in the de- 
velopment of the planning process within the 
agencies of state and local government; develops 
and maintains liaison and cooperative arrange- 
ments with federal, interstate, state, private agen- 
cies, and organizations in the interest of obtaining 
information and assistance with respect to state 
and regional planning; assists state agencies by 
providing them with information and technical 
assistance needed in preparing their short-range 
and long-range programs; and develops and 
maintains a comprehensive plan for development 
of the state, representing the coordinated efforts 
and contributions of all participating plaiming 
groups. 



Division of Veterans Affairs 

This office assists veterans, their dependents, 
and the dependents of deceased veterans in ob- 
taining and maintaining those rights and benefits 
to which they are entitled by law. 



Council on the Status of Women 

The primary responsibility of the Council is to 
advise the Governor, the North Carolina Legis- 
lature, and other principal state departments on 
the special needs of women in North Carolina. 



DOA Personnel 

This office is responsible for recruitment, hiring, 
grievance and appeal procedures, classification of 
positions to ensure equitable compensation for 



NORTH CAROLINA REGISTER 



403 



ST A TEMENTS OF ORGANIZA TION 



all employees, monitoring the departmental af- 
firmative action plan, and implementation of the 
State Personnel System within the department. 



DOA Public Information Office 

The duties of this office include preparation of 
news releases, the editing of and supervision over 
production of official publications and the design 
and production of visual aids. 



Intergovernmental Relations 

1 his office contains the State Clearinghouse 
which coordinates the state agency and local 
goN'cmment intergovernmental review process. 
Notifications of Latent to apply for federal funds 
and environmental review documents are sub- 
mitted for comment. 

The office also provides staff support for the 
state's participation in national and regional or- 
ganizations such as the National Governors' As- 
sociation and the Southern Governors' 
Association. It manages the Appalachian Re- 
gional Council program and slatfs the Local 
Government Advocacv Council. 



3. Teletype and facsimile services; 

4. Satellite services; 

5. Closed-circuit TV systems; 

6. Two-way radio systems; 

7. Microwave systems; 

8. Related systems based on telecommuni- 
cations technologies. 



GOVERNMENT OPERATIONS 



Agency for Public Telecommunications 

This agency offers media production services, 
sateUite and audio teleconferencing, and pro- 
duction and distribution of radio and television 
public service announcements for state agencies. 



Division of Purchase and Contract 

This otfice serves as the central purchasing ac- 
tivity for state government and certain other en- 
tities. Contracts are established for the purchase, 
lease and lease-purchase of the goods and services 
required by all state agencies, institutions, public 
school districts, community colleges, and the 
university system. 



Office of .Administrative .\nalysis 

This office provides cost-free consulting services 
to state agencies to help make improvements in 
organization, methods, equipment use, staffmg 
levels, cost reduction, and procedures. 

Office of Fiscal Management 

This office accounts for all fiscal activity of the 
department in conformity with requirements of 
the Office of State Budget and Management, the 
Department of State Auditor, and federal funding 
agencies. 



State Telecommunications Office 

This office provides for the establishment, 
management, and operation, through either State 
ownership or commercial leasing of the following 
systems and services as they effect the internal 
management and operation of State government: 

1. Central telephone systems and telephone 
networks; 

2. Teleprocessing systems; 



General Services Division 

The General Services Division manages, directs, 
coordinates, and plans the daily activities of the 
six branches that constitute the General Services 
Division including centralization of personnel 
and purchasing and fiscal procedures. It acts as 
the coordinating point in contact with the Secre- 
tary's Office, other DOA Sections and Agencies, 
the Governors Office and other agencies that 
may use or inquire about the services available 
from the Capitol Police, Motor F-"leet .Manage- 
ment, Government Printing Office, Courier Ser- 
vice, State Surplus Property, Federal Surplus 
Property, and the DOA Mailroom and Expend- 
able Supply Store. It engages in plarming and 
possibly expanding the units constituting General 
Services and their availability to all agencies in 
state government and other qualitied constitu- 
ents. 

Courier Service A receipt-supported opera- 
tion, this service provides courier mail and 
inter-oiTice mail to local state government 
offices and 89 counties in North Carolina. 

Federal Surplus Property This office ac- 
quires and distributes available federal sur- 



404 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



plus property needed by the eligible 
recipients in the state and funds costs for 
operations through receipts from sales. 

Motor Fleet Management This office is re- 
sponsible for the approximately 4,000 vehi- 
cles owned by state government. Aside 
from purchasing and maintenance of state 
vehicles, this office enforces state regulations 
relating to their use. 

State Capitol Police This law enforcement 
agency, with poUce powers throughout the 
city of Raleigh, provides security and prop- 
erty protection functions for state govern- 
ment facilities within the Capitol City. This 
agency is also responsible for enforcement 
of regulations in state-operated parking lots. 

State Government Printing Office A 

receipt-supported operation, this office pro- 
vides typesetting and printing services 
throughout state government. 

State Surplus Property This office is re- 
sponsible for the sale of all supplies, materi- 
als, and equipment owned by the state and 
considered to be surplus, obsolete, or un- 
used. 



Physical Plant Division 

The Physical Plant Division manages, di- 
rects, coordinates and plans the daily activ- 
ities of the five sections that constitute the 
Physical Plant including centralization of 
personnel and purchasing and fiscal proce- 
dures. It acts as the coordinating point in 
contact with the Secretary' 's Office, other 
DOA sections and agencies, the Governor's 
Office and other agencies that may use or 
inquire about the services available from 
Construction Services, Building Services, 
Landscape Services, and Housekeeping Ser- 
vices. It engages in plarming and possibly 
expanding the units constituting Physical 
Plan and their availability to all agencies in 
state government and other qualified con- 
stituents. The Physical Plant Director also 
oversees the Art Museum management. 



State Construction OfTice 

This office is responsible for the adminis- 
tration of the planning, design, and con- 
struction of all state facilities, including the 



university and community college systems. 
It also provides the architectural and engi- 
neering services necessary to carry out the 
capital improvement program for all state 
institutions and agencies. 



State Property OfTice 

This office is responsible for state govern- 
ment's acquisition and disposition of all in- 
terest in real property whether by purchase, 
sale, exercise of the power of eminent do- 
main, lease, or rental. This office also pre- 
pares and keeps current a computerized 
inventory of all land holdings and buildings 
owned or leased by the state or any state 
agency. 



PROGRAMS 



Governor's Advocacy Council for Persons vvith 
Disabilities 



The Council pursues appropriate remedies, 
including legal ones, on behalf of disabled 
citizens who feel they have been the subject 
of discrimination. The Council also offers 
technical assistance regarding disability is- 
sues, promotes employment opportunities 
for disabled persons, and reviews policies 
and legislation relating to these persons. 



North Carolina Commission of Indian Affairs 

The Commission is responsible for bring- 
ing local, state and federal resources into fo- 
cus for the implementation or continuation 
of meaningful programs for the Indian citi- 
zens of North Carolina. 

North Carolina Human Relations Council 

The NCHRC provides services and pro- 
grams aimed at improving relationships 
among all citizens of this state, while seeking 
to ensure equal opportunities in the areas of 
employment, housing, public accommo- 
dation, recreation, education, justice, and 
governmental services. The Council also 
enforces the North Carolina Fair Housing 
Law. 



Office of Marine .Affairs 



NORTH CAROLINA REGISTER 



405 



57-.^ TEMENTS OF ORGANIZA TION 



The Office of Marine /Vffairs ad\ocates and 
promotes public awareness, appreciation 
and wise utilization of the natural and cul- 
tural resources of coastal North Carolina. 
The three North Carolina Aquariums pro- 
\'ide educational opportunities; the Marine 
Science Council recommends state ocean 
policies and encourages marine research; and 
the Outer Continental Shelf Resources Re- 
cover}' Program ensure stewardship while 
providing state participation in regional and 
federal resource utilization elTorts. 



^ outh Ad\ucacy and ln\ohement OfTice 

YAIO seeks to tap the productivity of the 
youth of North Carolina through their par- 
ticipation in community sen'ices and the 
development of youth leadership capabili- 
ties. The office provides case advocacy to 
individuals in need of services for children 
and vouth. 



504 Steering Committee 

This committee, appointed by the Gover- 
nor, oversees the state's compliance with 
Section 504 of the I'ederal Rehabilitation 
Act of 1973. Federal funding requirements 
have been established for the accessibility for 
state government facilities and programs. 



The public may obtain information about 
and make subinissions or requests to the 
Department of Administration, 116 West 
Jones Street, Raleish, North Carolina 
27603-8003. Telephone (919) 733-7232. 

NORTH CAROLINA DEPARTMENT OF 
AGRICILTTRE 

The North Carolina Department of Agriculture 
is a statutorily created agency G.S. 106-2, within 
the executive branch of the state government. 
The Commissioner of Agriculture, a statewide 
elected otTicial as provided for in .Article III, Sec- 
tion 7(1) of the North Carolina Constitution, is 
the head of the Department of Agriculture and 
is a member of the Council of State. The De- 
partment of Agriculture is organized into thirteen 
divisions. A number of boards and commis- 
sions are administrative!)' located in the Depart- 
ment. 



1) Agricultural Statistics 

The Agricultural Statistics Division is responsi- 
ble for collecting, preparing, and disseminating 
regular series of official crop, livestock and price 
estimates along with other statistics relative to 
agriculture in North Carolina and the nation. 

Mailing Address: 

Agricultural Statistics Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7293 



2) Agronomic Ser%ices 

The Agronomic Services Division performs 
laboratory analysis of soil and plant samples for 
farmers and homeowners. Tests determine the 
fertility of soU and the nutrient quantity and bal- 
ance of plants through tissue analysis. 
Nematodes are quantified from soil and plant 
root samples and diseases are diagnosed. 
Fertilizer application and nematode management 
recommendations are made based on test results. 
Growers are assisted in the field with problem 
diagnosis and optimum crop production strate- 
gies by Regional Agronomists. 

Mailing Address: 

Agronomic Services Di\ision 

N. C. Department of Agriculture 

Blue Ridge Road Center 

Raleigh. NC 27611 

Telephone: (919) 733-2657 



3) Food Distribution 

The Food Distribution Division operates in 
cooperation with the L'SDA to provide food at 
no cost for distribution to schools of high school 
grade or under, charitable institutions and needy 
persons. It is the responsibility of this division 
to requisition, store, and deliver the food. 

Mailing Address: 

Food Distribution Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh. NC 27611 

Telephone: (919) 733-7661 



A. Departmental Divisions: 



4) Food and Drug Protection 



406 



NORTH CAROLLXA REGISTER 



STA TEMENTS OF ORGANIZA TION 



The Food and Drug Protection Division assures 
consumers that foods, feeds, drugs, cosmetics, 
pesticides, and automotive antifreezers are safe, 
wholesome and properly labeled. Statewide in- 
spections and chemical analyses offer protection 
against unsafe, deceptive and fraudulent pro- 
ducts. Annual registration of pesticides offered 
for sale within North Carolina and pesticide 
applicator licensing and certification is adminis- 
tered by the Pesticide Section. 

Mailing Address: 

Food and Drug Protection Division 

N. C. Department of Agriculture 

4000 Reedy Creek Road 

Raleigh, NC 27607 

Telephone: (919) 733-7366 



(2) systematic collections and data files in the 
charge of taxonomic specialists trained to solve 
problems of identification and classification; (3) 
ecological and other field studies of southeastern 
biota; (4) educational services including teacher 
education programs, vocational training, curric- 
ulum and program development, classes, lectures 
and preparation of popular and educational ma- 
terials on natural history topics; (5) publication 
of natural history books, papers, articles, pam- 
phlets, and similar materials; and (6) operation 
of the N. C, Maritime Museum. 

Mailing Address: 

Museum of Natural Sciences Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7450 



Mailing Address: 

Pesticide Section 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



Mailing Address: 

N. C. Maritime Museum 

N. C. Department of Agriculture 

315 Front St. 

Beaufort, NC 28516 

Telephone: (919) 728-7317 



5) Marketing 

The Marketing Division promotes the sale of 
North Carolina agriculture food products, reports 
farm prices on major commodities and deter- 
mines and certifies the ofTicial grade of farm pro- 
ducts. The Marketing Division also organizes 
special Livestock sales, arranges buyer-seller con- 
tacts, provides marketing advice and assistance to 
producers, processors and handlers and adminis- 
ters the N. C. Egg Law and the Farm Products 
marketing and branding law. Regional Farmers 
Markets in Raleigh, Charlotte and Asheville are 
also operated by the Marketing Division. 

Mailing Address: 

Marketing Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7887 



6) Museum of Natural Sciences 

The Museum of Natural Sciences Division 
maintains collections and disseminates know- 
ledge concerning the natural history (flora, fauna, 
minerals, fossils and ecology) of North Carolina 
through (1) temporary and permanent exhibits; 



7) North CaroUna State Fair 

The North Carolina State Fair Division is re- 
sponsible for the armual North Carolina State 
Fair in October. During non-Fair time, the 
North Carolina State Fair rents various Fair Fa- 
cilities to the general public for special events. 

Mailing Address: 

North Carolina State Fair Division 

N. C. Department of Agriculture 

1025 Blue Ridge Blvd. 

Raleigh, NC 27607 

Telephone: (919) 733-2145 



8) Plant Industry 

The Plant Industry Division performs fertilizer 
and seed examinations to check for accuracy in 
labeling and quality of product. The Division 
also administers Plant Pest laws. 

Mailing Address: 

Plant Industry Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3930 



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9) Public Affairs 

The Public Affairs Division is responsible for 
disseminating pertinent information to the public 
through news releases and other media contacts. 
The division is also responsible for publishing 
"Agriculture Review." Media questions may be 
directed to the Division, and they will be chan- 
neled to the proper individual if further expertise 
is required. 

Mailing Address: 

Public /Vffairs Division 

N. C. Department of Aericulture 

P. O. Box 27647 

RaleiRh, NC 27611 

Telephone: (919j 733-4216 



10) Research Stations 

Fifteen research stations and four state farms 
comprise the Research Stations Division of the 
Department of Agriculture. The research 
stations cooperate with scientists at the land- 
grant universities to develop new agronomic 
products and trends, working in con\'entional 
crops but also working in new crops to the state. 
Research is also conducted on the State Farms, 
whose primars purpose is to produce food for 
state institutions. 

Mailing Address: 

Research Stations Division 

N. C. Department of Aericulture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 



11) Standards 

The Standards Division administers the weights 
and measures program which includes the verifi- 
cation of the accuracy of commercial weighing 
and measuring devices and the inspection of 
packaged items for comphance \s ith net contents 
statements. The Division also tests petroleum 
products and inspects LP Gas installations. 

\laihng Address: 

Standards Division 

N. C. Department of Agriculture 

P. 0. Box 276A1 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



12) Structural Pest Control 

The Structural Pest Control Division is respon- 
sible for licensing commercial pest control oper- 
ators within North Carolina. It is also the 
responsibility of the Division to inspect the 
quality of work performed by licensed operators, 
and to enforce pesticide safety requirements. 

Mailing Address: 

Structural Pest Control Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6100 



13) Veterinary 

The Veterinar)' Division monitors all animal 
disease outbreaks and administers animal health 
programs in North Carolina. The Division also 
provides veterinary diagnostic services and ani- 
mal health inspections. All processing and 
slaughter facilities in the state are inspected by 
the Division to insure cleanliness of the operation 
and wholesomeness of the finished product. The 
Division also regulates dog and cat dealers under 
the Animal Welfare Act. 

Maihng Address: 

Veterinary Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleish, NC 27611 

Telephone: (919) 733-7601 



Mailing Address: 

Rollins Diagnostic Laboratory 

2101 Blue Ridge Road 

P. O. Box 12223, 

Cameron Village Station 

Raleigh, NC 27605 

Telephone: (919) 733-3986 



B. Boards and Commissions 

1) North Carolina Agricuhural Hall of Fame 
Board of Directors 

The North Carolina Agricultural Hall of Fame 
Board of Directors was created by G.S. 
106-568.14. The eight-member Board of Direc- 
tors is composed of the Commissioner of Agri- 



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culture, the Director of the North Carolina 
Extension Service, the State Supervisor of Voca- 
tional Agriculture, the President of the North 
Carolina Farm Bureau, and the Master of the 
State Grange, as ex-officio members, and three 
members appointed by the Governor. 

The Board of Directors is authorized to adopt 
rules and regulations which govern the accept- 
ance and admission of candidates to the North 
Carolina Agricultural Hall of Fame Rules 
promulgated by the board are codified in 2 
NCAC 31. 

Mailing Address: 

Public Affairs Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-4216 



2) Board of Agriculture 



Mailing Address: 

Board of Crop Seed Improvement 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3930 



4) State Farm Operations Commission 

The State Farm Operations Commission was 
created by G.S. 106-26.13. The seven-member 
committee develops policies for the use and op- 
eration of the State Farm Units. 

Mailing Address: 

State Farm Operations Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 



The Board of Agriculture was created by G.S. 
106-2. The eleven-member Board of Agriculture 
is composed of the Commissioner of Agriculture, 
an ex-officio member who serves as the board's 
Chairman, and ten members appointed by the 
Governor. 

The Board of Agriculture is a policymaking 
body with respect to the improvement of agri- 
culture and a rulemaking body with respect to all 
programs administered by the Department of 
Agriculture, exclusive of Pesticides, Plant Con- 
senation, Gasohne and Oil Inspection and 
Structural Pest Control. Rules promulgated by 
the board are codified in 2 NCAC. 



5) Gasoline and Oil Inspection Board 

The Gasoline and Oil Inspection Board was 
created by G.S. 119-26. The five-member board 
is composed of the Commissioner of Agriculture, 
the Director of the Standards Division and three 
members appointed by the Governor. 

The board is authorized to adopt rules and reg- 
ulations which govern the quality, labeling, 
transportation and inspection of liquid motor 
fuels, kerosene and other heating oils. Rules 
promulgated by the board are codified in 2 
NCAC 42. 



Mailing Address: 

Secretary, Board of Agriculture 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



Mailing Address: 

Standards Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



3) Board of Crop Seed Improvement 

The Board of Crop Seed Improvement was 
created by G.S. 106-269. The board promotes 
the development and distribution of pure strains 
of crop seed to North Carolina farmers. The 
board is authorized to adopt rules and regulations 
which relate to the certification of pure crops 
seeds. Rules promulgated by the board are cod- 
ified m 2 NCAC 29. 



6) North Carolina Public Livestock Market 
Advisory Board 

The North Carolina PubHc Livestock Market 
Advisory Board was created by G.S. 106-407.1. 
The eight-member board serves in an advisory 
capacity to the Commissioner of Agriculture and 
the Board of Agriculture on issues which relate 
to the livestock markets and proposes rule 
changes related to this area. The board also is 



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STA TEMENTS OF ORGANIZA TION 



required to attend any hearing for a license to 
operate a public livestock market. 

Mailing Address: 

Veterinary' Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7601 



7) Advisor,' Commission for the Museum of 
Natural Sciences 

The Advisor,' Commission for the Museum of 
Natural Sciences was created by G.S. 143-370. 
The nme-mcmber commission establishes poli- 
cies for the Museum and works to promote and 
de%'elop the \Iuseum and its resources. 

Mailing Address: 

Museum of Natural Sciences 

N. C. Department of Aariculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7430 



8) Structural Pest Control Committee 

The Structured Pest Control Committee was 
created by G.S. 106-65.23. The five-member 
committee is authorized to adopt rules and regu- 
lations which regulate Structural Pest Control 
activities. The committee is an occupational li- 
censing board with respect to Structural Pest 
Control operators in North Carolina. Rules 
promulgated bv the committee are codified in 2 
NCAC^34. 

The committee has the authority to deny, re- 
voke, suspend or modify the license, certified 
applicator's card or identification card of any 
person adjudged to have violated the Law or 
Regulations. 

Mading Address: 

Secretary, 

Structural Pest Control Committee 

N. C. Dep;irtment of Agriculture 

P. O. Box 27647 

Rcdeish, NC 27611 

Telephone: (919) 733-6100 



9) North Carolina Pesticide Board 



The Pesticide Board was created by G.S. 
143-436. The seven-member board is authorized 
to adopt rules and regulations which govern the 
nonstructural application, sale, disposal, and reg- 
istration of pesticides and the licensing and cer- 
tification of pesticide applicators. ITie board is 
an occupational licensing board with respect to 
commercial pesticide apphcators and private 
pesticide applicators. Rules promulgated by the 
board are codified in 2 NCAC 9L. The board 
has the authority to access civil penalties and to 
suspend, revoke, deny or modify the licenses of 
persons adjudged to have violated the Law or 
Regulations. 

Mailing Address: 

Secretary, 

North Carolina Pesticide Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



10) Pesticide Advisory Committee 

The Pesticide Advisory Committee was created 
by G.S. 143-439. The nineteen-member com- 
mittee is appointed by the Pesticide Board. The 
committee serves in an advisor)' capacity to the 
Con'miissioner of Agricuhure and the Pesticide 
Board on technical questions submitted to it and 
the development of rules and regulations which 
relate to pesticides. 

Mailing Address: 

Pesticide Advisory Conmiittee 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



1 1) North Carolina Plant Conservation Board 

The North Carolina Plant Conservation Board 
was created by G.S. 106-202.14. Four members 
of the seven-member board are appointed by the 
Governor and the remaining members are ap- 
pointed by the Commissioner of Agriculture. 
The board is authorized to adopt rules and regu- 
lations which classify plant species as either en- 
dangered, threatened or of special concern when 
necessary, and regulate the handling of classified 
plants. Rules promulgated by the board are 
codified in 2 NCAC 10. 



410 



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12) 



Mailing Address: 

Plant Protection Section 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6930 



North Carolina Plant Conservation Sci- 
entific Committee 



Mailing Address: 

Secretary, North Carolina 

Grape Growers Council 

Markets Division 

North Carolina Department of 

Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7136 



The North Carolina Plant Conservation Scien- 
tific Committee was created by G.S. 106-202.17. 
The ten-member committee serves in an advisory 
capacity to the North Carolina Plant Conserva- 
tion Board on matters relating to plant species 
classified as either endangered, threatened or of 
special concern. 

Mailing Address: 

Plant Protection Section 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6930 



13) North Carolina Agricultural Finance Au- 
thority 

The North Carolina Agricultural Finance Au- 
thority was created by G.S. 122D-4. The ten- 
member Finance Authority is empowered to 
provide capital and credit at interest rates within 
the fmancial means of persons and businesses 
engaged in agriculture and agricultural exports. 

Mailing Address: 

Secretary, North Carolina 

Agricultural Finance Authority 

North Carolina Department of 

Agriculture 

Suite 406 

19 W. Hargett Street 

Raleigh, NC 27601 

Telephone: (919) 733-0635 



15) Rural Rehabilitation Corporation Board 
of Directors 

The Rural Rehabilitation Corporation Board 
of Directors was created by G.S. 137-31.3. The 
nine-member Board acts as the governing body 
of the North Carolina Rural Rehabilitation Cor- 
poration which serves as a social and fmancial 
instrumentality in assisting to rehabilitate farm 
families by enabling them to secure subsistence 
and gainful employment from the soil. 

Mailing Address: 

Secretary, Rural Rehabilitation 

Corporation 

Fiscal Management Division 

North Carolina Department of 

Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-2113 



16) Northeastern North Carolina Farmers 
Market Commission 



Carolina Farmers 
was created by G.S. 



The Northeastern North 
Market Commission 
106-720. The nine-member Commission is em- 
powered to establish a farmers market in north- 
eastern North Carolina that will facilitate the sale 
and marketing of agricultural commodities 
produced in the area. The Commission also 
serves in an advisory capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 



14) North Carolina Grape Growers Council 

The North Carolina Grape Growers Council 
was created by G.S. 106-750. The eleven- 
member Council is appointed by the Commis- 
sioner of Agriculture. The Council promotes the 
growth and development of North Carolina's 
grape and wine industry. 



Mailing Address: 

Chairman, Northeastern North 

Carolina Farmers Market Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 2761 1 

Telephone: (919) 733-7125 



NORTH CAROLINA REGISTER 



411 



ST A TEMENTS OF ORGANIZA TION 



17) Northeastern Farmers Market Advisory 
Board 

The Northeastern Farmers Market Advisory 
Board was created by G.S. 106-721. The Board 
consists of one member from each of the counties 
served by the Northeastern North Carolina 
Farmers Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisory capacity to the Northeastern North 
Carolina Farmers Market Commission. 

Mailing Address: 
SecretaPv', Northeastern Farmers 

Market Advisorv' Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleiah, NC 27611 

Telephone: (919) 733-7125 



18) Southeastern North Carolina Farmers 
Market Commission 

The Southeastern North Carolina Farmers 
.Market Commission was created by G.S. 
106-727. The nine-member Commission is em- 
powered to establish a farmers m;irket in south- 
eastern North Carolina that will facilitate the sale 
and marketing of agricultural commodities 
produced in the area. The Commission also 
serves in an advisor>' capacity to the Commis- 
sioner of .\griculture on the operation of the 
market. 

Mailing Address: 

Chairman, Southeastern North Carolina 

Farmers Market Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh. NC 27611 

Telephone: (919) 733-7125 



19) Southeastern Farmers Market Advisor.* 
Board 

The Southeastern Farmers Market Advisor)' 
Board was created by G.S. 106-728. The Board 
consists of one member from each of the counties 
ser\ed by the Southeastern North Carolina 
Farmers .Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
ad\isor>' capacity to the Southeastern North 
Carolina Farmers Market Commission. 

Mailing Address: 
Secretary, Southeastern Farmers 



Market Advisory Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 

NORTH CAROLINA OFHCE OF THE 
STATE AUDITOR 

The State Auditor is an elected official of the 
State of North Carolina. He is the administrative 
head of the State Auditor's OfTice and is a mem- 
ber of the Council of State. 

The Auditor's Office is responsible for fmancial 
and legal compliance audits for all state depart- 
ments, institutions and clerks of court. An im- 
portant part of the audit function is the annual 
audit of the general purpose fmancial statements 
included in the State of North Carolina's com- 
prehensive annual fmancial report. This report 
is widely circulated throughout the nation and is 
heavily relied upon by bondholders and federal 
authorities. 

Audits are conducted in conformitv with G.S. 
147 and the Federal Single Audit Act of 1984. 
They are accepted as meeting the necessary 
standards of the various inspectors general of 
federal grantor agencies. 

In addition, the State Auditor's Office audits 
state programs and activities and reports on their 
economy, efficiency and whether they achieve 
results intended. 

The audit staff is supervised by two deputies, 
and audit director and five audit managers. It 
has a staff of 135 professionals. 

The State Auditor also administers the North 
Carolina Firemen's and Rescue Squad Workers' 
Pension Fund. The fund has a current mem- 
bership of approximately 22,000 active and 4,000 
retired members. 

NORTH CAROLINA DEPARTMENT OF 
CORRECTION 

The North Carolina Department of Correction 
is authorized under /Vrticle III, Section 11 of the 
Constitution of North Carolina as a principal 
department of State government. Pursuant to 
the Executi'-e Organization Act of 1973, the De- 
partment is organized to include the Board of 
Correction, the Division of Aduh Probation and 
Parole, the Division of Prisons, and the Parole 
Commission. In 1974, the General Assembly 



412 



NORTH CAROLINA REGISTER 



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created the Inmate Grievance Commission as an 
autonomous agency within the Department. 

The primary responsibility of the Department 
is to provide for the control and rehabilitation of 
criminal offenders committed to its custody. 

The administrative head of the Department is 
the Secretary of Correction, who is appointed by 
and serves at the pleasure of the Governor. 

The Board of Correction shall assist the Secre- 
tary in the development of priorities and major 
programs within the Department. Board mem- 
bers are appointed by and serve at the pleasure 
of the Governor. 

The Division of Adult Probation and Parole is 
responsible for the supervision of probationers 
and parolees within the state. Additionally, it 
operates seven pre-release and aftercare centers 
which are designed to facilitate social adjustment 
of the former offender. The public may obtain 
information from the Division at 401 Glenwood 
Avenue, Raleigh, North Carolina, 27605, and by 
telephone at (919) 733-7333. 

The Division of Prisons is responsible for the 
management and operation of 86 prison facilities 
for the state prison system. It is divided into four 
commands: Eastern Geographic, Western Ge- 
ographic, Youth Services, and the Institutional 
Command. The public may obtain information 
from the Division of Prisons at 831 West Morgan 
Street, Raleigh, North Carolina, 27603, and by 
telephone at (919) 733-3226. 

The North Carolina Parole Conmiission is 
comprised of five fuU-time members appointed 
by the Governor. It is an autonomous agency 
within the Department. The Parole Commission 
determines parole eligibility and assists the Gov- 
ernor's Office with commutation and pardons. 
It is also authorized to revoke or suspend paroles. 
The public may obtain information from the 
Parole Commission at 831 West Morgan Street, 
Raleigh, North Carolina, 27603, and by tele- 
phone at (919) 733-3414. 

The Inmate Grievance Resolution Board is 
comprised of five members appointed by the 
Governor. The purpose of this Board is to pro- 
vide inmates with an administrative process for 
resolution of grievances or complaints. The 
public may obtain information from the Inmate 
Grievance Resolution Board at 401 Glenwood 
Avenue, Raleigh, North Carolina, 27605, and by 
telephone at (919) 733-2551. 



The public may obtain information about and 
make submissions or requests to the Department 
of Correction in person at 214 West Jones Street, 
Raleigh, North Carolina, 27603-1337, and by 
telephone at (919) 733-4926. 

NORTH CAROLINA DEPARTMENT OF 
CULTURAL RESOURCES 

The Department of Cultural Resources was 
created in 1971. The first cabinet level agency 
of its kind in the United States, the new depart- 
ment brought together a number of existing 
councils, commissions, and agencies for the first 
time. 

It is the task and function of the Department 
of Cultural Resources to assist in the preserva- 
tion, protection and continuation of our heritage 
for future generations. 

This is done through the operation of the De- 
partment's three major divisions: Archives and 
History, the State Library, and the Arts Council, 
and two semi-autonomous agencies, the Mu- 
seum of Art and the North Carolina Symphony. 

NORTH CAROLLVA STATE BOARD OF 
ELECTIONS 

The State Board of Elections serves the 
electorate by appointing and training County and 
Municipal Election Officials prior to each pri- 
mary and election as mandated by law, providing 
copies of all election laws, rules and regulations, 
and ballots and registration forms as prescribed 
by law. 

The State Board must hear and act on com- 
plaints on failure or neglect of a Board of 
Elections as well as conduct investigations and 
hearings on complaints of fraud and irregularities 
in any elections or the Campaign Reporting Act, 
preparing presentations to Grand Juries. 

The Campaign Reporting Office provides the 
public with campaign disclosures of campaign 
contributions and expenditures by candidates and 
committees and provides supervision of County 
Boards of Elections. 

NORTH CAROLINA DEPARTMENT OF 
HUMAN RESOURCES 

The North Carolina Department of Human 
Resources is one of the principal departments in 
the Executive Branch of State government. Its 



NORTH CAROLINA REGISTER 



413 



STA TEMENTS OF ORGANIZA TION 



mission is to deliver or oversee the delivery of 
human services to the citizens of North Carolina 
and to participate in the development of human 
resources m the State. 

To accomplish these objectives, the Department 
of Human Resources works to obtain needed 
legislation in the subject areas under its authority, 
adopts rules to govern the administration of its 
programs, and channels State and Federal funds 
to many local grantees and provider agencies in 
the service delivery' system. As the supervision 
of programs and the allocation of funds carry 
with them significant responsibilities, the De- 
pailment of Human Resources performs moni- 
toring and enforcement functions as well. 

The Secretar>' of the Department of Human 
Resources, the administrative head of the agency, 
is appointed by the Governor and serves at the 
pleasure of the Governor. 

The Department of Human Resources is di- 
vided into the following divisions: 

( 1 ) Division of Aging; 

(2) Division of Facility Ser\'ices; 

(3) Di\'ision of Health Scn.'ices; 

(4) Di\ision of Medical Assistance; 

(5) Division of Mental Health, Mental Re- 
tardation, and Substance Abuse Ser\ices; 

(6) Division of Services for the Blind; 

(7) Division of Social Ser\'ices; 

(8) Division of Vocational Rehabilitation 
Services; 

(9) Di\ision of '^'outh Ser\ices; and 

(10) North Carolina Schools for the Deaf and 
BUnd. 

Members of the pubhc may obtain information 
from and make submissions or requests to the 
Department of Human Resources by communi- 
cating with the agency in writing or in person at 
325 North Salisbur." Street, Raleigh, North 
Carolina 27611 or by calling 1-800-662-7030. 
Inquiries concerning specific programs or subject 
areas within the pur\iew of the Department of 
Human Resources may also be directed to the 
appropriate division. 



NORTH CAROLINA DEPARTMENT OF 
JUSTICE 

The North Carolina Department of Justice was 
created and placed under the supervision and di- 
rection of the Attorney General. The Attorney 
General is an elected officer of the State and 
serves for a term of four years. The duties of the 
department are: to defend all actions in the ap- 
pellate division in which the State shall be inter- 
ested, or a party, and to appear for the State in 
any other court or tribunal in any cause or mat- 
ter, civil or criminal, in which the State may be 
a party or interested; represent all State depart- 
ments, agencies, institutions, commissions, bu- 
reaus or other organized activities of the State 
which receive support in whole or in part from 
the State; to consult with and advise the 
prosecutors, when requested by them, in all 
matters pertaining to the duties of their office; to 
give, when required, opinions upon all questions 
of law submitted by the General Assembly, or 
by either branch thereof, or by the Governor, 
Auditor, Treasurer, or any other State officer; to 
pay all monies received for debts due or penalties 
to the State immediately after the receipt thereof 
into the treasury; to compare the warrants drawn 
on the State treasury with the laws under which 
they purport to be drawn; and, to intervene, 
when in the pubhc interest, in proceedings before 
any courts, regulatory otTicers, agencies and 
bodies, both State and federal, on behalf of the 
using and consuming public of this State. 

The department is comprised of the foUowing 
Divisions and Sections: 

Administrative Division - CoUection Section 
(733-9236), Flections Section (733-7218), Hu- 
man Resources Section (733-4618), Real Estate 
Section (733-9580), Revisor of Statutes Section 
(733-5960), Services to State Agencies Section 
(733-3305), Tort Claims Section (^733-3805); 



Criminal Division 



Correction Section 



(733-7387), Cnme Control Section (733-7952), 
Federal Habeas Section (733-2011), Medicaid 
Investigations Section (733-5760), Special Prose- 
cutions Section (733-2011), Appellate Section 
(733-6012); 

Civil Division - Property Control Section 
(733-7408), Education Section (733-7387), High- 
way Section (733-3316), Fabor Section 
(733-4721), Motor Vehicles Section (733-3254), 
Revenue Section (733-3252); and 



414 



NORTH CAROLINA REGISTER 



ST A TEMENTS OF ORGANIZA TION 



Trade 



and 



Commerce 



Division 



Consumer/Antitrust Section (733-7741), Energy 
and Utilities Section (733-7214), Environmental 
(733-5725), and Insurance Section (733-6118). 

Members of the public may obtain information 
or make requests to the Department of Justice 
by writing to the North Carolina Department of 
Justice, P.O. Box 629, Raleigh, North Carolina 
27602, or in person at the Justice Building, 2 East 
Morgan Street, Raleigh, North Carolina, or by 
calling (919) 733-3377. Inquiries concerning 
specific subject areas may be directed to the ap- 
propriate division as listed above. 

NORTH CAROLINA ALARM SYSTEMS 
LICENSING BOARD 

The /Vlarm Systems Licensing Board (ASLB) is 
established within the North Carolina Depart- 
ment of Justice for the purpose of administering 
the licensing of and setting the educational and 
training requirements for persons, firms, associ- 
ations and corporations engaged in providing 
alarm systems and services to citizens of North 
Carohna. 

Tliis Board consist of five members appointed 
by the Attorney General, Governor, President of 
the Senate and Speaker of the House. 

The Board's administrative offices, the Board's 
records, the Administrator and staff are located 
in the State Bureau of Investigation (SBI) Head- 
quarters at 3320 Old Gamer Road, Raleigh, NC 
28626, Phone Number 919-779-1611. Normal 
office hours are Monday through Friday, 8:00 
a.m. to 5:00 p.m. All business transactions 
should be referred to the administrator in the 
administrative offices. 

Background investigations, complaint inquiries 
and audits of business records of licensees and 
other business transactions originate Ln the head- 
quarters and are assigned to the appropriate field 
investigator whose offices are located in the SBI 
District Offices in Kannapohs, Greensboro, 
Fayetteville, Asheville and in the Board's admin- 
istrative offices in Raleigh. 

The results of and action required in connection 
with the investigations, inquiries, audits and 
other business are reported to the Board during 
their regular meeting the second Tuesday of every 
other month. 

The Attorney General, or his representative, the 
Alarm Systems Licensing Board and the Admin- 



istrator share in the administrative, investigative 
and prosecutional power of the Alarm Systems 
Licensing Act, Chapter 74D of the General Stat- 
utes of North Carolina. 

NORTH CAROLINA PRIVATE 
PROTECTTV'E SERVICES BOARD 

The Private Protective Services Board (PPSB) 
is established within the North Carolina Depart- 
ment of Justice for the purpose of administering 
the hcensLng, setting education and training re- 
quirements for persons, firms, associations and 
corporations engaged in the Private Protective 
Services busiaess within the State of North 
Carolina. 

This Board consist of ten (10) members ap- 
pointed by the Attorney General, Governor, 
President of the Senate, Speaker of the House 
and President Pro Tempore of the Senate. 

This Board's administrative offices, the Board's 
records, the Administrator and staff are located 
in the State Bureau of Investigation (SBI) Head- 
quarters at 3320 Old Gamer Road, Raleigh, 
North Carolina 28626, Phone Number 
919-779-161 1. Normal office hours are Monday 
through Friday, 8:00 a.m. to 5:00 p.m. All 
business transactions should be referred to the 
administrator in the administrative offices. 

Background investigations, complaint inquiries 
and audits of business records, and other board 
business transactions, originate in the headquar- 
ters and are assigned to the appropriate field in- 
vestigator whose offices are located in the SBI 
District offices in Kannapolis, Greensboro, 
Fayetteville, Asheville and the administrative of- 
fices in Raleigh. 

The results of and action required in connection 
with these investigations, inquiries and audits are 
reported to the Board during their regular meet- 
ing the third Friday of every other month. 

The Attomey General, or his representative, the 
Private Protective Services Board and the Ad- 
ministrator share in the administrative, investi- 
gative and prosecutional power of the Private 
Protective Services Act, Chapter 74C of the 
General Statutes of North Carolina. 

NORTH CAROLINA DEPARTMENT OF 
LABOR 

The Department of Labor is an independent 
executive agency created under Chapter 95 of the 



NORTH CAROLINA REGISTER 



415 



ST A TEMENTS OF ORGANIZA TION 



North C;irolina General Statutes. The depart- 
ment is responsible for promoting the safety, 
health and general well-being of the industrial 
population of the state. The department admin- 
isters and enforces health and safety regulations, 
wage and hour laws, apprenticeship regulations, 
mine and quarry regulations, elevator, 
amusement device and aerial passenger tramway 
regulations, boiler and pressure vessel regu- 
lations, regulations for private employment 
agencies and the hazardous chemical right-to- 
know law. In addition, the department offers 
arbitration and mediation services for labor 
management disputes. 

The Commissioner of Labor, who is a member 
of the Council of State and elected by the people 
of the state for a term of four years, is the exec- 
utive and administrative head of the department. 
The Commissioner is assisted by an assistant 
commissioner and a special assistant for produc- 
tivity. 

The department is organized into three major 
groups, each under the supervision of a deputy 
commissioner. These groups are Administration 
and Regulation, Education and Training, and 
Health and Safety. 

The Administration and Regulation Group is 
supeniscd by the Chief Deputy Commissioner. 
This group is composed of the Arbitration, 
Conciliation and Mediation Division, the Private 
Personnel Service Division, the Research and 
Statistics Division, and the Wage and Hour Di- 
vision. 

The .Arbitration, Conciliation and Mediation 
Division works to promote permanent labor- 
management peace and to protect the interest 
and rights of labor, management, and the people 
of the state by the prevention and prompt settle- 
ment of labor disputes. The division offers (1) 
voluntary arbitration services of labor disputes 
through its voluntar," arbitration panel, (2) con- 
ciliation and mediation services in labor disputes, 
(3) educational ser\'ices in labor relations, and (4) 
technical services in labor relations. 

The Private Personnel Services Division regu- 
lates and licenses private personnel services and 
job listing services by enibrcing the provisions of 
the Regulation of Pri\ate Personnel Ser\ices Act 
and the Regulation of Job Listing Services Act. 

The Research and Statistics Di\'ision compiles 
and publishes comprehensive data on occupa- 
tional injuries and illnesses in the state. The di- 



vision also assembles and publishes monthly data 
on building activity in North Carolina by county 
and by cities. 

The Wage and Hour Division enforces the 
minimum wage, overtime, wage payment, and 
youth employment laws of the state. The divi- 
sion investigates worker complaints and collects 
back wages due employees. 

The Education and Training Group is organized 
into two divisions: Apprenticeship and Training, 
and Pre-Apprenticeship. 

The Apprenticeship and Training Division pro- 
motes and monitors a broad range of appren- 
ticeship programs designed to train 
journeyman-level craftworkers to meet the de- 
mands of industries for high-skilled workers. 
Apprenticeship programs are established with 
private employers or under the sponsorship of 
labor-management committees. Apprenticeships 
combine on-the-job experience with related 
technical training furnished by the individual 
employer or at a technical institute or commu- 
nity college. The division establishes standards, 
approves apprenticeship programs which meet 
established criteria, is a records depositor*' and 
issues completion certificates to citizens who 
complete apprenticeship training. 

The Pre-Apprenticeship Division promotes op- 
portunities for skills training through on-the-job 
training programs, pre-apprenticeship programs, 
and skills up-grading programs. Division repre- 
sentatives meet employers to help design sldll 
training programs designed to meet the employ- 
ers' needs. 

The Health and Safety Group is organized into 
five divisions: the Boiler and Pressure Vessel 
Division, the Elevator and Amusement Device 
Division, the Mine and Quarrv' Division, the 
Occupational Safety and Health Division and the 
Right to Know Division. 

The Boiler and Pressure Vessel Division regu- 
lates the construction, instaDation, repair, alter- 
ation, inspection, use and operation of \'essels 
subject to the L'nifonn and Pressure Vessel Act 
of North Carolina. The division conducts peri- 
odic inspections, monitors inspection reports by 
certified insurance company inspectors, and is- 
sues operating certificates to owners and opera- 
tors whose equipment is found to be in 
compliance with the act. 



416 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



The Elevator and Amusement Device Division 
is responsible for the proper installation and safe 
operation of all elevators, escalators, workers' 
hoists, dumbwaiters, moving walks, aerial pas- 
senger tramways, amusement rides, inclined rail- 
ways and lifting devices for persons with 
disabilities which operate in public establish- 
ments and private places of employment. 

The Mine and Quarry Division enforces the 
Mine Safety and Health Act of North Carolina. 
The division conducts a program of inspections, 
education and training, technical assistance, and 
consultation to implement the Act. The division 
also assists mine and quarry operators to comply 
with the provisions of the 1977 federal Mine 
Safety and Health Act. 

The Occupational Safety and Health (OSH) 
Division administers and enforces the Occupa- 
tional Safety and Health Act of North Carolina 
which is a broadly inclusive law that applies to 
most private sector employment in the state, and 
to all agencies of state and local government. In 
addition to enforcing the state OS HA standards, 
the program offers free consultative sen,'ices, ed- 
ucation and training opportunities, and engi- 
neering assistance to employers under its 
jurisdiction. The OSH Division also administers 
the Safety Awards Program wliich recognizes 
private firms and public agencies which achieve 
and maintain good safety records. 

The Right to Know Division administers the 
North Carolina Hazardous Chemicals Right to 
Know Act of 1985 which requires all users of 
hazardous chemicals in amounts of at least 55 
gallons or 500 pounds to provide lists of these 
materials to local fire chiefs. 

Six advisory groups assist the Commissioner 
with policy development and program planning. 
These are the Apprenticeship Council, the Board 
of BoUer and Pressure Vessel Rules, the Industry 
Advisory Board, the Mine Salcty and Health 
Advisory Council, and the Occupational Safety 
and Health Advisory Council, and the Private 
Personnel Services Advisory Council. A separate 
unit independent from the Dcp;irtment of Labor 
is the Occupational Safety and Health Review 
Board, which hears appeals of citations and pen- 
alties imposed by the OSH Division and whose 
members are appointed by the Governor. 

The pubhc may obtain information from and 
make submissions or requests to the Department 
of Labor in person or by mail at 4 West Edenton 



Street, Raleigh, North Carolina 27601 or by 
telephone as follows: 

Administration 
(919) 733-7166 

Apprenticeship and Training Division 
(919) 733-7533 

Arbitration, Conciliation and Mediation 

Division 

(919) 733-7495 

Boiler and Pressure Vessel Division 
(919) 733-3034 

Communications Division 
(919) 733-4904 

Elevator and /Vmusement Device Division 

(919) 733-7394 

Librarv 
(919) 733-2799 

Mine and Quarry Division 

(919) 733-7428 

Occupational Safetv and Health Division 

(919) 733-4880 

Personnel Division 

(919) 733-6943 

Pre-Apprenticeship Division 
(919) 733-6550 

Private Personnel Service Division 
(919) 733-4895 

Publications Division 
(919) 733-6590 

Research and Statistics Division 
(919) 733-4940 

Right to Know Division 
(919) 733-2486 

Safety Awards Program 
(919) 733-5683 

Wage and Hour Division 

(919) 733-2152 

NORTH CAROLINA DEPAR iMENT OF 
CRIME CONTROL .4ND PUBLIC SAFETY 



NORTH CAROLINA REGISTER 



417 



ST A TEMENTS OF ORGANIZA TION 



The North Carolina Department of Crime 
Control and Public Safety was established by the 
1977 General Assembly to serve as an umbrella 
department for essential state government ser- 
vices related to the weU-being of its citizens. As 
its name imphes, the department serves as the 
state's chief coordinating agency for controlling 
crime and protecting the public. 

When you attend a Community Watch meeting 
or observe a trooper catch a speeder, remember 
the Department of Crime Control and Public 
Safety is working hard to reduce and control 
crime. 

By the same token, when you hear of hurri- 
canes, plane crashes or nuclear accidents, know 
also that Crime Control and Public Safety wiU 
be on the scene to make sure disaster victims re- 
ceive aid and help. 

Wherever or whatever the need, the Department 
of Crime Control and Public Safety is working 
with you to make North Carolina a safer and 
better place to live. 

The Department of Crime Control and Public 
Safety has nine divisions and the Office of the 
Secretary. The Secretary's staff is located in the 
Archdale Building in Raleigh, They include 
three assistant secretaries and personnel from the 
fiscal, personnel, information services, purchasing 
and staff development sections. 

The Assistant Secretary' for Administration is 
responsible for the operation of the OtTice of the 
Secretary and has full authority in the absence 
of the Secretary. The Assistant Secretary' for 
Public Safety oversees the operations of the divi- 
sions of the National Guard, Ci\'il Air Patrol, 
Butner Public Safety and Emergency Manage- 
ment. The ^Assistant Secretary' for Crime Control 
oversees the operations of the State Highway 
Patrol, Alcohol Law Enforcement, Victim and 
Justice Services, Crime Prevention and Gover- 
nor's Crime Commission. 



is granted, ALE agents check back periodically 
to ensure that no liquor or drug laws are being 
violated, such as selling alcohol to a minor. With 
the passage of the Safe Roads Act of 1983 and 
the drinking age change law of 1986, ALE is 
making a special effort to reduce the sale of al- 
cohol to anyone under the age of 21. ALE 
agents routinely conduct undercover operations, 
utilizing under-age persons, to check licensed 
outlets to see if they are selling to minors. 
Enforcement is one part of an ALE agent's job. 
Public education and awareness are also impor- 
tant. ALE conducts Driving While Impaired 
(D.W.L) Source Prevention seminars at which 
employees of outlets are instructed about irre- 
sponsible service of alcohol. ALE agents also 
speak to community, church, civic, professional 
and school groups about alcohol laws and regu- 
lations. 

Butner Public Safety 

The personnel of the Butner Public Safety Di- 
vision are trained to perform a variety of func- 
tions, because the people and facilities they 
protect and ser\x are just as varied. Butner 
Public Safety officers provide police and fire 
protection to the patients and staffs of the state 
hospitals at Butner, other state facilities there and 
the community of Butner. Their junsdiction, 
some 35-square miles is also varied in terms of 
terrain, type of facilities and population. Officers 
patrol the streets of Butner and the grounds of 
the more than 11 state facilities there. They 
provide protection for the 4.600-acre National 
Guard training range, and officers are also re- 
sponsible for fire prevention and suppression. 
When a fire occurs at any facility, including 
Butner federal correctional facility, Butner Pubhc 
Safety officers are on the scene. These officers 
are unique, because their duties are unique. One 
hour, they may be called on to fight a raging fire, 
and the next hour, these same officers may be 
called on to capture a bank robber. Butner 
Public Safety officers are trained to do each job 
with skill and courage. 



Alcohol Law Enforcement 



Civil Air Patrol 



The Division of /Mcohol Law Enforcement 
(ALE) enforces the state's laws governing the 
sale, purchase, transportation, manufacture and 
possession of into>dcating liquors and controlled 
substances. .^Vnyone who sells beer, wine or al- 
cohol in North Carolina must have a license. 
Before that license can be issued, an ALE agent 
must investigate the applicant and the place 
where the products will be sold. Once the license 



The Civil /Vir Patrol (CAP) is a volunteer or- 
ganization and an official auxiliarv' of the L'nited 
States Air Force. CAP has three missions of 
service to the public. Its primary responsibilities 
are to perform search and rescue missions for 
missing or downed aircraft and to provide disas- 
ter rehef assistance during emergencies. CAP 
persormel play a vital role in the state's emer- 
gency plan. Personnel fly aircraft for transpor- 



418 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



tation, aerial photography and courier service. 
The Civil Air Patrol's communications system 
provides backup communications during disas- 
ters. CAP also promotes aerospace education. 
Interest in aerospace education is encouraged by 
membership in the CAP cadet program. The 
cadet program is a strong part of CAP's service 
to North Carolinians. It gives young people, 
ages 13 through 18, opportunities for leadership 
and education through aviation. Cadets regularly 
participate in drills and exercises to test the read- 
iness of each squadron to respond to a call for 
assistance. There are 42 squadrons in the North 
Carolina CAP wing. Many CAP members op- 
erate their own airplanes and fly at their own ex- 
pense; however, membership dues, donations, 
grants, estates, state funds and Air Force re- 
imbursements account for a large portion of their 
budget. 

Crime Prevention 

The Crime Prevention Division works to pre- 
vent crimes against property, crimes of violence 
and juvenile crimes in North Carolina, llie di- 
vision provides crime prevention education to the 
citizens of North CaroLiiia through various or- 
ganizations, including law enlbrcement, schools, 
community groups and news media. The goal 
is to get citizens involved in the fight against 
crime by establishing community, county and 
statewide crime prevention programs. Staff 
members in the Crime Prevention Division keep 
track of changing crime trends and stay abreast 
of the latest state and national crime prevention 
programs. In addition to providing technical as- 
sistance to organizations, crime prevention spe- 
cialists also help citizens to overcome the fear of 
crime. Several crime prevention programs are 
promoted or coordinated by the division. These 
include Community Watch, HAM Watch, 
Athletes Against Crime, Crime Prevention for 
Older Adults, Crime Prevention in Public Hous- 
ing, Child Safety Identification and Crime Stop- 
pers. A variety of crime prevention and 
awareness materials are available, free of charge, 
from the division. 

Emergency Management 

The Division of Emergency Management is re- 
sponsible for protecting North Carolinians from 
the effects of disasters, natural and manmade. 
The division offers assistance to local and county 
officials, through the state office and six area of- 
fices strategically located across North Carolina. 
Division personnel work with local governments 
to develop emergency action plans for such haz- 



ards as chemical spills, fires, floods, tornadoes, 
hurricanes and nuclear incidents. These plans are 
routinely tested by communities during drills and 
table-top exercises with the assistance of the di- 
vision's training staff. When an emergency arises 
or a disaster threatens, the state's resp)onse is di- 
rected by the State Emergency Response Team 
(SERT). Representatives from each agency in- 
volved in the emergency response serve on the 
team. This team works out of the Emergency 
Operations Center (EOC) in Raleigh. In the 
past, the SERT has coordinated the response and 
recovery efforts for many emergencies including 
the tornadoes of 1984, Hurricanes Diana and 
Gloria, forest fires which blackened North 
Carolina in 1985 and 1986 and the drought of 
1986. 

Governor's Crime Commission 

The Governor's Crime Commission is the chief 
advisory board to the Governor and the Secretary 
of Crime Control and Public Safety on crime and 
justice issues. The Crime Commission is made 
up of 40 members, including the heads of state- 
wide criminal justice and human services agencies 
as well as representatives from the courts, law 
enforcement, local govenmient and legislature. 
Juvenile justice officials and concerned citizens 
also serve on the Crime Commission. The 
Commission plans more effective approaches to 
the problem of crime, coordinates the work of 
various elements of the criminal justice system 
and, through the staff, administers several state- 
wide criminal justice programs. Members of the 
staff for the Crime Commission research criminal 
justice practices, conduct public hearings on 
subjects of interest to the Commission and sup- 
port the Commission. As a cooidinating and 
planning body, the Crime Commission studies 
issues and makes reports to the Governor on a 
wide range of criminal justice subjects, including 
its biennial legislative agenda which recommends 
statutory changes in criminal laws and recom- 
mends criminal justice programs. The Crime 
Commission has been a force behind the passage 
of such laws and programs as North Carolina's 
tough Driving Wlule Impaired (D.W.I.) law. 
Community Service Work Program, Community 
Watch Programs and Rape Victim Assistance. 
Community-based alternatives to prison, in- 
school suspension, juvenile court counselors and 
computerized criminal justice information sys- 
tems were also recommended by the Crime 
Corrunission. 

National Guard 



NORTH CAROLINA REGISTER 



419 



ST A TEMENTS OF ORGANIZA TION 



The North Carolina National Guard, with its 
more than 13,000 members, has a dual role. It 
is a state militia subject to the call of the Gover- 
nor, and it is a federal reserve force subject to the 
call of the President. Led by the Adjutant Gen- 
eral, the Guard raises and trains ground and air 
troops for mobilization when state or national 
emergencies require militar>' support. The North 
Carolina Army National Guard is located in 
more than 100 communities across the state with 
more than 12,000 personnel. The North 
Carolina Air National Guard, with units in 
Baden and Charlotte, has more than 1,300 per- 
sonnel. As part of its peacetime mission, the 
National Guard assists the public in times of 
emergency or civil disorder. Guard aviation units 
support local go\cmments in searching for miss- 
ing persons, assist law enforcement with aerial 
searches for marijuana and carr\- drinking water 
to drought-stricken communities or those whose 
supplies ha\e been contaminated. To maintain 
its readiness for wartime missions, Guard troops 
are trained and equipped like their counterparts 
on active military' duty. The state is responsible 
for raising and training the troops to Federal 
standards. 

Highway Patrol 

Since 1929. the North Carolina State Highway 
Patrol has pro\ided for the safety of the motoring 
public by enforcing motor vehicle laws on the 
state's highways. The largest state law enforce- 
ment agency, the Patrol has more than 1,100 
uniformed members. The patrol is di\ided into 
eight troops headquartered in GreenvOle, 
FayetteviUe, Raleigh, Salisbury', Monroe, 
Newton, Greensboro and Asheville. Each head- 
quarters has its own motor pool, and its sophis- 
ticated radio network links each patrolman to his 
headquarters. The Highway Patrol maintains a 
comprehensive training center near Raleigh for 
the training of new officers and continuing in- 
service schools. Troopers study constitutional 
and motor vehicle laws and learn pursuit dri\ing 
and tlrearms techniques. State Troopers provide 
many additional services to North Carolina such 
as assisting stranded motorists, directing traffic 
at sporting events and the State Fair and provid- 
ing security to the governor and his family. The 
Patrol plays a vital role in the state's emergency 
response plans. .-Vn\lime a local go\emment has 
a law enforcement or emergency problem, they 
may call on the State Highway Patrol for help. 
Troopers have been called on to help evacuate 
victims of natural disasters or to transport blood, 
donor organs or seriously ill people. 



Victim and Justice Senices 

The Division of Victim and Justice Services ad- 
ministers statewide victim and community service 
programs. The community service programs in- 
clude Driving While Impaired (D.W.I.) Com- 
munity Service, First Offender Programs 
(Misdemeanor and Felony Diversion), Court- 
Ordered Community Service and Early Release 
Parole Community Service. The Division has 
field offices in each of the 34 judicial districts in 
North Carolina to administer these programs. 
The field staff is responsible for placing defend- 
ants in local, state and nonprofit agencies to per- 
form free work as a condition of their suspended 
jaU sentence. The division administers various 
programs for victims. The Rape Victim Assist- 
ance Program provides fmancial assistance up to 
$500 for victims of rape and sexual assault. This 
program also underwrites a standardized rape 
evidence collection kit which is used by hospitals 
to collect evidence. The Division also offers 
programs for law enforcement agencies on oper- 
ational management improvements, stress man- 
agement, 911 planning and implementation and 
coordination of mutual aid agreements. The 
Division operates the North Carolina Center for 
Missing Persons. Trained staff members at the 
Center locate missing persons, especially chil- 
dren. They also help families coordinate searches 
and exchange information with law enforcement 
agencies and the National Center for Missing and 
Exploited Children. Calls are received from a 
24-hour toll free hotlme (1-800-522-KIDS). 

NORTH CAROLINA DEPARTMENT OF 

NATURAL RESOURCES AND 

CONLMLAITV DEVELOPMENT 

The North Carolina Department of Natural 
Resources and Community De\elopment is a 
principal State department in the executive 
branch of North Carolina government authorized 
by Article III, Section II of the North Carohna 
Constitution. 

The Department has three primar\' duties: 

(1) To provide for the management and pro- 
tection of the State's natural resources and 
environment; 

(2) To promote and assist in the orderly de- 
velopment of North Carolina counties 
and communities; and 



420 



NORTH CAROLINA REGISTER 



57".^ TEMENTS OF ORGANIZA TION 



(3) To provide job training and promote em- 
ployment for economically disadvantaged 
persons. 

The head of the Department is the Secretary 
who is appointed by the Governor and serves at 
the pleasure of the Governor. 

The Department is organized into twelve divi- 
sions as follows: 

(1) coastal management; 

(2) community assistance; 

(3) economic opportunity; 

(4) employment and training: 

(5) environmental management; 

(6) forest resources; 

(7) land resources; 

(8) marine fisheries; 

(9) parks and recreation; 

(10) soil and water; 

(11) water resources; and 

(12) zoological park. 

The WUdlife Resources Commission and its 
staff are responsible to the Department for coor- 
dinating and reporting purposes. 

A detailed account of each division follows. 

DIMSION OF COAST.\L MANAGEMENT 
P.O. Box 27687 

Raleigh, N.C. 27611-7687 
919/733-2293 

The Division is responsible for implementing a 
plan for the protection, presen.'ation, orderly de- 
velopment and management of the coastal area 
of North Carolina. The Division provides staff 
support to the Coastal Resources Commission 
and Coastal Resources Advisory' Council created 
by the Coastal /Vrea Management Act (CAMA) 
of 1974 (G.S. 113A-100 et seq.). The Division 
processes major development permits; deter- 
mines consistency of state and federal grants and 
projects with the North Carolina Coastal Man- 
agement Program; prepares guidelines for a local 



land use planning program in twenty coastal 
counties; administers grants to local government 
for planning, permitting and beach access pro- 
grams; and acquires and manages coastal and 
estuarine reserves as natural areas for research, 
education and preservation. 

ORGANIZATION 

Field Services. Field services are provided from 
four regional district offices located in Elizabeth 
City, Washington, Morehead City and 
Wilmington. The Field Services staff handle di- 
rect contact with CAMA major development 
permit applicants, including on-site evaluations 
of permit applications and the enforcement of 
CAMA rules. They also provide assistance to 
local governments on land use plans, beach ac- 
cess projects and the CAMA minor development 
permit program. 

Major Permit Coordination. This section is 
responsible for securing and reviewing state, fed- 
eral and public comments on CAMA major de- 
velopment permit applications; drafting proposed 
decision documents; maintaining permit files; and 
reviewing federal agency actions, grants, and per- 
mit decisions for consistency with North 
Carolina policies. 

Policy Analysis /Technical Services. This sec- 
tion develops and e\'aluates proposed rules for 
CAMA implementation, reviews proposed re- 
visions to Area of Environmental Concern des- 
ignations, and conducts the technical studies 
necessary' to support program operations. The 
unit also provides public education and pubhc 
information services, including media contacts, 
slide presentations, workshops, newsletters, jour- 
nals, brochures, and related materials. 

Coastal Reserves. This section is responsible 
for the identification, acquisition, and manage- 
ment of critical coastal natural areas to be pre- 
served in a natural state for future research and 
education. The unit also coordinates research 
and education activities for acquired sites. 

COASTAL RESOURCES COMMISSION 

The Coastal Resources Commission was cre- 
ated to administer the Coastal Area Management 
Act of 1974. The Commission consists of 15 
members appointed by the Governor to represent 
specified interests. 

The Commission is responsible for developing 
a management program for the coastal area by 



NORTH CAROLINA REGISTER 



421 



STA TEMENTS OF ORGANIZA TION 



designating Areas of Bnvironmental Concern in 
the 20 coastal counties; by adopting policies, 
standards and guidelines for coastal development 
and natural resource protection; and by approv- 
ing local governments' land use plans (N.C.G.S. 
113A-104). 

COASTAL RESOURCES ADVISORY 
COUNCIL 

The Coastal Resources Advisory Council con- 
sists of not more than 47 members. The Council 
assists the Secretary of Natural Resources and 
Community Development and the Coastal Re- 
sources Commission in an ad\isory capacity on 
technical questions relating to the development 
of rules and policies, and other matters arising 
under the Coastal Area Management Act 
(N.C.G.S. 113A-105). 

COASTAL RESERVE ADVISORY 
CO.M.MITTEES 

An Advisory' Committee has been formed for 
each fully acquired Coastal Reserve under the 
Coastal Resene Program. Each committee in- 
cludes local officials scientists, educators, adja- 
cent landowners and site users. Reference of 
these ad\isor\' committees is included in 15 
NCAC 70 .0104. 

DIVISION OF COMMUNITY ASSISTANCE 

512 N. Sahsburv St. 

P.O. Box 27687 

Raleigh, N.C. 27611-7687 

(919) 733-2850 

The Division of Community Assistance, part 
of the North Carolina Department of Natural 
Resources and Community De\elopment, pro- 
vides aid to North Carolina's counties and 
municipalities in the areas of community devel- 
opment, land use, public management, and eco- 
nomic de\elopment planning. The Division 
works to accomplish these goals through admin- 
istration of the Community Development Block 
Grant program. Emergency Shelter Grant pro- 
gram, the .Main Street program, and through di- 
rect technical assistance to local governments. 

ORGANIZATION 

Community De\'elopment Block Grant Pro- 
,gram. The Community De\elopmcnt Block 
Grant program provides funds for community 
improvements. Local projects, which must pri- 
marily benefit low and moderate income persons, 
range from housing rehabilitation and neighbor- 



hood facilities to the provision of funds for cre- 
ating or retaining jobs. Local governments apply 
on a competitive basis for grants in the categories 
of community revitalization, economic develop- 
ment, housing demonstration, development 
planning, urgent needs, and interim assistance. 

Emergency Shelter Grant Program. The Divi- 
sion of Community Assistance has been admin- 
istering the Emergency Shelter Grant program 
since it was made available by the federally 
funded Stewart B. McKiimey Homeless Act of 
1987. Since then, DCA has announced three 
rounds of funding. Grant applications are re- 
viewed on a competitive basis and awards are 
made to local governments who in tum distribute 
funds to shelters for maintenance, rehabilitation, 
and services costs. 

Main Street Pro.gram. The Main Street pro- 
gram buUds on a city's historic assets to reverse 
decline and create a bright deversified economic 
future in downtown. 

The North Carolina Main Street Center of the 
Division of Community Assistance works with 
local interests, the private sector, and other state 
agencies to direct available resources to 
strengthen downtown revitahzation efforts in 
designated Main Street communities. 

Local Government .Assistance. Through its 
even regional offices located in Raleigh, 
Winston-Salem, Washington, MooresviUe, 
EayettevLUe, AsheviUe, and Wilmington, DCA 
planners and community development specialists 
assist local governments with wide range of 
planning and management needs including land 
use and management planning, watershed pro- 
tection planning, growlh planning, and strategic 
and capital improvement planning. 

COMMUNITY DEVELOP.MENT COUNCIL 

The Community Development Council of the 
Department of Natural Resources and Commu- 
nity Development is responsible for advising the 
Secretary of NRCD with respect to promoting 
N.C. community de\elopment, with respect to 
type and effectiveness of planning and manage- 
ment services, and upon any matter the Secretary 
may refer to it. 

DIVISION OF ECONOMIC OPPORTUNITY 

Post Office Box 27687 

Raleigh, North CaroUna 27611-7687 

(919) 733-2633 



422 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



The Division of Economic Opportunity is re- 
sponsible for the effective administration of the 
federally funded Community Services Block 
Grant Program and the state funded Community 
Action Partnership Program. It is also respon- 
sible for the administration of any other related 
state or federal funds which may become avail- 
able such as homeless funds and food and nutri- 
tion programs. 

ORGANIZATION 

Program Operations. The Program Operations 
section is responsible for the review of grant ap- 
plications submitted to the Division for funding. 
In addition this section is responsible for moni- 
toring Division grantees to ensure compliance 
with all contracts, entered into by the Division. 

Planning and Evaluation. This section is re- 
sponsible for all program planning and evalu- 
ation of the Division and its grantees. Duties 
include drafting grant/funding apphcations and 
administrative rules. 

DIVISION OF EMPLOYMENT AND TRAINING 

P.O. Box 27687 

Raleigh, NC 2761 1-7687 

(919) 733-6383 or 1-800-562-6333 

The Division of Employment and Training ad- 
ministers federal grants that are awarded to the 
Governor under federal employment and training 
legislation, including the Job Training Partner- 
ship Act. As the designee of the Governor, the 
Division promotes efficient management and co- 
ordination of job training programs to maximize 
the benefits of these programs to the citizens of 
North Carolina and promotes an active, effective 
partnership between local and state agencies and 
private business in providing job training. [Stat. 
Auth. G.S. 143B-276; 20 CER 626.1; Exec. Or- 
der No. 93 (June 8, 1983); Eff October 1, 1984.] 

ORGANIZATION 

Eield Services Section. Serves as the Division's 
central communications Unk with local service 
delivery areas and other agencies receiving funds 
from the Division to operate Job Training Part- 
nership Act programs and ensures that funds are 
managed and used as effectively as possible. 

Einance Section. Consisting of three units, this 
section is responsible for managing the financial 
activities associated with the administration of 
the Job Training Partnership Act and, designing 



and maintaining an information system used to 
assist all levels of management. 

Planning and Programs Section. Provides pol- 
icy and progranunatic guidance to service deliv- 
ery areas for Title IIA and IIB and state level 
contractors for the Governor's setasides and Title 
III programs, provides staff support to the State 
Job Training Council, develops and maintains a 
system of f>erformance standards and measures 
for North Carolina and administers the Rural 
Service Delivery Area. 

STATE JOB TRAINING COORDINATING 
COUNCIL 

The State Job Training Coordinating Council 
is appointed by the Governor, and advises the 
Governor on employment and training issues and 
recommends policies and strategies for the coor- 
dinated use of all of the state's job training re- 
sources. The Council recommends the 
Governor's Coordination and Special Services 
Plan which includes the Governor's Goals and 
Objectives, Coordination Criteria and the plans 
for the use of Job Training Partnership Act spe- 
cial purpose funds. The Council is also respon- 
sible for reviewing local job training plans and 
the plans of other state agencies providing em- 
ployment and training services. (Public Law 
99-570, Section 122.) 

RURAL SERVICE DELIVERY AREA 
PRIVATE INDUSTRY COUNCIL 

This council provides policy guidance for, and 
exercises oversight with respect to all activities 
under the job training plan for the Rural Service 
DeUvery Area in partnership with advisory plan- 
ning committees and units of State and Local 
Government, and determines whether or not all 
employment and training activities in the Rural 
Service Delivery Area are in compliance with the 
Job Training Partnership Act. Advisory Plan- 
ning Committees shall function under the overall 
policy guidance of the Rural Private Industry 
Council. (PubUc Law 99-570, Section 102.) 

DIVISION OF ENVIRONMENTAL 
MANAGE.MENT 

P.O. Box 27687 

Raleigh, North Carolina 27611 

(919) 733-7015 

The Division is responsible for comprehensive 
planning and management of the state's air, sur- 
face water, and groundwater resources. The Di- 
vision issues permits to control sources of 



NORTH CAROLINA REGISTER 



423 



STA TEMENTS OF ORGANIZA TION 



pollution; monitors compliance at permitted fa- 
cilities; evaluates ambient environmental quality; 
and pursues enforcement actions for violations 
of environmental regulations. 

ORGANIZATION 

Air Quality Section. The purpose of the Air 
Quality Section is to conserve and protect the 
State's air resources. The section develops air 
quality standards, emission control standards, 
and classifications for air contaminant sources. 
The section administers the federal regulations 
which have been delegated to the State, by the 
Environmental Protection Agency. By imple- 
menting the State and federal regulations de- 
signed to prevent significant deterioration, the 
section preser\'es the quality of clean air and the 
potential for continued economic growth. 

Water Quality Section. The purpose of the 
Water Quality Section is to maintain or restore 
an aquatic environment of quality sufficient to 
protect the existing and classified uses of the 
State's surface waters. The Section performs four 
major functions: 1) permittmg specifies allow- 
able pollution levels in discharges and receiving 
waters; 2) monitoring provides inspections for 
permit compliance and assesses ambient water 
quahty; 3) modeling evaluates the impact of 
proposed discharges of waste and tests the con- 
trol measures; 4) planning updates and main- 
tains water quality standards and stream 
classifications. 

In addition to these functions, the Water Qual- 
ity Section provides technical assistance or 
enforcement actions to correct standards vio- 
lations. 

Laborator\' Section. The Laboratory Section 
provides anal\lical services to support the air, 
water and groundwater programs in the Division 
through two regional laboratories and a central 
laboratory". The regional laboratories are prima- 
rily' responsible for bacteriological and bio- 
chemical analyses. The central laboratory 
provides a much broader range of chemical ana- 
lyses. The Laboratory Section administers a 
certification program for commercial laboratories 
perfonning monitoring for permit holders. The 
laboraton," staff also provides consultation assist- 
ance and limited training to municipalities and 
industries. 

Groundwater Section. The Groundwater Sec- 
tion manages groundwater quantity and quality 
to support growth and development in the State. 



The program's goals are to prevent poUution of 
groundwater; respond to contamination inci- 
dents; and initiate cleanup actions as required. 
Permits are required for water wells having a de- 
signed capacity of 100,000 gallons per day or 
more; for goundwater quality monitoring wells; 
and for non-waste injection wells. When 
groundwater use threatens to exceed available 
supply in designated areas, all uses in these areas 
can be regulated. Water well contractors are 
registered annually and pump installers every five 
years. 

Construction Grants. The Construction Grants 
Section assists units of governments fmance 
wastewater pollution control facilities. This sec- 
tion administers the EPA Construction Grants 
Program for wastewater treatment facilities and 
provides technical review and certification for 
funds under the N.C. Clean Water Revolving 
Loan Program. 

Albemarle- Pamlico Estuarine Study (APES). 
The primary- purpose of the APES is to enable 
resource managers to better preserve the produc- 
ti\ity of the estuarine area by expanding rele\ant 
knowledge about the human uses upon its phys- 
ical, biological, and social systems. The APES 
is conducted through the National Estuarine 
Program within the En\ironmental Protection 
Agency as a cooperative venture involving both 
federal and state agencies. 

Pollution Prevention Program (PPP). The 
PPP provides positive altematives to costly pol- 
lution control options to improve environmental 
quality and to generate economic benefits. The 
program supports and works with industries, 
small businesses, and communities to identify 
and apply techniques at the source of generation 
which will prevent, reduce, or recycle wastes be- 
fore they become pollutants to North Carolina's 
environment. The program provides an infor- 
mation clearinghouse, technical assistance and 
fmancial support to help reduce, or minimize 
hazardous waste, wastewater discharges, air 
emissions and solid waste. 

WASTEWATER TREATMENT PLANT 

OPERATORS CERTIFICATION 

COMMISSION (W^Vl POCC) 

The purpose of the W^VTPOCC is to protect 
the public health and to conserve and protect the 
quality of the water resources of the State. The 
Commission protects the public investment in 
wastewater treatment facilities by classifying 
wastewater treatment plants and requiring, 



424 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



through examination and certification, compe- 
tent plant operators. Chapter 143B-300 creates 
the \VWTPOCC and empowers the Commission 
to adopt rules with respect to the certification of 
treatment plant operators as provided by Article 
3 of Chapter 90A of the General Statutes. 

ENVIRONMENTAL MANAGEMENT 
COMMISSION 
The Enviroiunental Management Commission 
is created and empowered under Chapter 
143B-282 of the General Statutes of North 
Carolina. The seventeen member commission 
promulgates rules necessar>' to protect, preserve, 
and enhance the water and air resources of the 
State. Included in its duties are, the authority to 
grant permits and orders to control sources of air 
and water pollution; permit and inspect dam 
construction; establish water and air quality 
standards and classifications; protect the land and 
waters from oil pollution and leaking under- 
ground storage tanks storing oil or hazardous 
substances. The Commission investigates water 
and aix poUution incidents and may assess pen- 
alties for violations of water and air standards. 

DIVISION OF FORES! RESOURCES 

P.O. Box 27687 

Raleigli, NC 27611 

(919) 733-2162 

North Carolina's forestland is one of the great- 
est influences on the state in terms of economic 
value and quality of Lite. 1 he Division of Eorest 
Resources' primary purpose is to ensure ade- 
quate and quidity forest resources for the state to 
meet present and future needs. The processes 
used to accomplish this involve management of 
existing resources, development and establish- 
ment of new and better quality forests and pro- 
tection of these resources. 

The primary emphasis in carrying out the pro- 
grams involved in these objectives is directed at 
the state's 240,000 private forest landowners who 
own the majority of the forestland. 

Specific activities the Division is involved with 
are forest management assistance to private 
landowners, reforestation services, forest fire pre- 
vention and suppression, and insect and disease 
control programs. Other activities are operation 
of tree seedling nurseries, long range forestry 
planning and tccluiical development, water qual- 
ity controls, urban forestry assistance, training 
and support to volunteer fire departments and 
forestry education. 



To summarize, the Division has an active role 
in planning and carrying out all activities related 
to maintaining, protecting and improving the 
forest resources of the state. To accomplish this 
role, the Division is organized statewide as fol- 
lows: 

- Director's Office (Raleigh) 

- Sections of District Operations, Technical 

Development and Planning, Field 
Projects, and Administration (Raleigh) 

- 3 Regional Offices (Kinston, Sanford and 

Asheville) 

- 13 District Offices (Asheville, Lenoir, 

Rockingham, New Bern, Rocky Mount, 
Fayetteville, Elizabeth City, Whiteville, 
Sylva, L.exington, Hillsborough, Mount 
HoUy, Fairfield) 

ORGANIZATION 

Fire Control. The program function is to pro- 
vide leadership and assume primary responsibility 
for preventing and controlling forest fires on 
more than eighteen million acres in the state. 
North Carolina averages approximately 5000 
wildfires annually with many areas in the state 
subject to large, disastrous fires. The Division 
has legislated responsibility for directing control 
actions on wUdftres. Close coordination with 
forest industries, rural fire departments, the Divi- 
sion of Emergency Management and numerous 
other concerns is an essential part of this pro- 
gram. The primary objective of the program is 
to prevent and minimize wUdfire damage in the 
state. This area also controls a federal grant 
program providing funds and equipment to vol- 
unteer fire departments. 

Forest Management. This function provides 
professional and technical management assist- 
ance to all forest landowners of the state. Tliis 
assistance involves a detailed examination of the 
woodlands which includes determination of the 
types, quality and quantity of trees; age, vigor 
and general growing conditions of the trees; and 
general overall situation of the resources. A 
written management plan making reconunen- 
dations is prepared and given to the landowner. 
Recommendations may include reforestation 
plans, water quality and erosion control, inter- 
mediate or fmal harvesting, prescribed burning 
and various other forest practices. Information 
is also provided on several cost sharing programs 
available for reforestation. The overall objective 
of this program is to ensure adequate forest re- 
sources to meet the needs of the state presently 
and in the future. 



NORTH CAROLINA REGISTER 



425 



ST A TEMENTS OF ORGANIZA TION 



Pest Control. The program function is to 
identify and take control actions as warranted on 
endemic forest pest and disease problems in the 
state. This program also works closely with 
other agencies in developing improved means to 
lessen damages from these activities. 

The objective of the program is to minimize loss 
of resources in North Carolina to forest pests and 
disease. 

I'rban Forestry. The program goal of Urban 
and Commumty Forestry for North Carolina is 
to improve the quahty of life, (environmentally, 
economically, and aesthetically) in urban areas 
through technical assistance and services to 
towns in developing and carrying out multi-year 
management plans for urban vegetation. Em- 
phasis is on both extension of services to a 
growing number of urban areas, and increasing 
the intensity of service to those areas with more 
aggressive programs. Program service is on a 
continuing basis to all areas that maintain an ac- 
tive program. 

Participating municipalities must agree to se- 
veral requirements in order to receive the services 
of the state in support of their program. 

Nursery and Tree Improvement. The respon- 
sibihty of this program is to provide adequate, 
high quality seedHngs to meet the reforestation 
and Christmas tree production needs of the state. 
The Tree Improvement Program produces and 
provides genetically improved seeds to the Nurs- 
ery Program which produces the seedlings for 
sale to the public. Production of seedlings occurs 
at three nurseries and one greenhouse. Each year 
50 to 60 million seedlings are grown and sold. 

Educational State Forests. This activity pro- 
vides forestry exposure and education to the citi- 
zens and school children in North Carolina by 
means of programs and demonstrations at several 
state forests. A number of exhibits, demon- 
stration trails, "talking trees" and other activities 
are available to show the public what forestry is 
about. Forests are currently operated at Clavlon, 
near Lenoir, FUzabethtown, near Wilkesboro and 
Hendersonville. The purpose of this program is 
to make the citizens of the state more aware of 
the importance of forestrv' in North Carolina. 

Forest Products Market Development. The 
primary objective of this program is to create 
adequate markets for all the wood fiber grown in 
North Carolina. This will help ensure an ade- 



quate return on investments for landowners who 
grow timber and will motivate them to regenerate 
their forestland and practice sound forest man- 
agement. The program is defined by four major 
activities: 1) industrial development - - recruiting 
new wood-using industries into the state, expand 
existing industry, and increase the use of North 
Carolina grown timber by instate industries; 2) 
export market development - - to increase the 
amount of North Carolina forest products being 
exported to foreign markets; 3) wood energy to 
promote the use of wood fuel; and, 4) new 
technology transfer - - to assure that industry is 
aware of and utilizes new technology, irmovative 
processes and equipment resulting from research. 

FORESTRY ADVISORY COUNCIL 

The Forestry Advisory Council advises the De- 
partment of Natural Resources and Community 
Development Secretary concerning conservation 
and development of private and public forests in 
the state. The Council also makes studies di- 
rected by the Secretary, conducts a continuing 
review of Division programs, and participates in 
evaluations and in hearings related to the public 
interest in forestry. 

SOUTHEASTERN FOREST FIRE 
COMPACT ADVISORY COM.MITTEE 

TTie Southeastern Forest Fire Compact is au- 
thorized by the Legislature and its purpose is to 
promote effective prevention and control of for- 
est fires in the Southeastern Region of the United 
States. The Advisory Committee is composed 
of legislators and forest industrv' representatives 
and meets periodically with the State Foresters 
of member states to promote adequate forest fire 
protection measures throughout the Southeastern 
Region. 

DIVISION OF L.\ND RESOURCES 

P.O. Box 27687 

Raleigh, NC 27611 

(919) 733-3833 

The Division of Land Resources is a division 
of the Department of Natural Resources and 
Community Development which is created by 
G.S. 1438-279 and G.S. 143B-275. The purpose 
of the Division of Land Resources is to protect 
and conserve the State's land, minerals, and re- 
lated resources through the effective implemen- 
tation and management of programs related to 
sedimentation pollution control, mined land rec- 
lamation, dam safety, land records management, 
geodetic survey, resources inventory and analysis 



426 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



(LRIS), and mineral resources conservation and 
development. 

ORGANIZATION 

Geodetic Sur\'ey Section. The primary activity 
of the Geodetic Survey Section is to place pre- 
cisely positioned, monumented survey points, 
often called stations, marks, or benchmarks, 
throughout the State for use in boundary surveys, 
chart making, transportation systems and other 
related activities. These survey points become a 
part of the North Carolina Coordinate system, 
which is and X and Y grid covering North 
Carolina. 

land Records Management Program. The 
Land Records Management Program provides 
technical assistance to counties in modernizing 
their land records through orthobase mapping, 
orthophotos and computers. This program also 
makes fmancial grants to counties, through an 
application process funded by the General As- 
sembly, for modernizing county land records. 

Geological Sun,'ey Section. The Geological 
Survey Section examines, surveys and maps the 
geology of the State and publishes reports and 
maps for the private sector and the general pub- 
lic. The Section also administers the Oil and Gas 
Conservation Act. 

Land Resources Information Service (LRIS). 



LRIS is a geographic information service that 
provides a computer date base of North Carolina 
land related features such as maps of soils, land 
use, topography and streams which can be ana- 
lyzed using sophisticated computer mapping 
techniques. The system operates as a nonprofit 
agency serving federal, state, regional and local 
governments. A user fee is charged to cover op- 
erating costs. 

Land Quality Section. The Land Quality Sec- 
tion is responsible for administering the North 
Carolina Mining Act of 1971, the North Carohna 
Sedimentation Pollution Control Act of 1973, 
and the North Carolina Dam Safety Act of 1967 
(G.S. 143-215). In addition, this Section pro- 
vides staff support for the Mining Commission 
and the Sedimentation Commission and the 
Sedimentation Pollution Control Commission. 

NORTH CAROLINA MINING 
COMMISSION 

This 9-member commission is appointed by the 
Governor to function as the regulatory body for 



the enhancement of the mining resources of 
North Carohna and to insure that mining activity 
is accomphshed in a marmer that protects the 
environment and the health, safety and welfare 
of the public pursuant to the North Carolina 
Mining Act of 1971 (G.S. 74-50 and 74-46). 

NORTH CAROLINA SEDIMENTATION 
POLLUTION CONTROL COMMISSION 

This 11 -member commission is appointed by 
the Governor to function as the regulatory body 
for the administration and enforcement of mini- 
mal mandatory standards which will permit de- 
velopment of North Carolina to continue with 
the least detrimental effects from pollution by 
sedimentation pursuant to the Sedimentation 
Pollution Control Act of 1973 (G.S. 1 13A-50). 

NORTH CAROLINA ADVISORY 
COMMITTEE ON LAND RECORDS 

This 12-member committee is appointed by the 
governor to advise the department on establish- 
ing standards, and providing technical assistance 
to local governments in implement and main- 
taining minimum standards with regard to: 

1 - uniform indexing of land records; 

2 - uniform recording and indexing procedures 

for maps, plats, and condominiums; and 

3 - security and reproduction of land records. 

(Land Records Management Program - G.S. 
143-345.6). 

DIVISION OF MARINE FISHERIES 

Post Office Box 769 

Morehead City, NC 28557-0769 

(919) 726-7021 

The Division is responsible, under direction of 
the Marine Fisheries Commission and the Secre- 
tary, Department of Natural Resources and 
Community Development, for stewardship of the 
marine and estuarine resources of the State of 
North Carolina. As such it is responsible for the 
maintenance, preservation, protection and devel- 
opment of all marine and estuarine fisheries re- 
sources. This includes the promulgation of rules 
governing coastal fisheries, and their enforce- 
ment. It includes scientific endeavors leading to 
the development of information upon which 
regulator)' and developmental decisions will be 
based. It also includes developmental activities 



NORTH CAROLINA REGISTER 



427 



STA TEMENTS OF ORGANIZA TION 



intended to improve the cultivation, hcirvesting 
and marketing of shell and fmfish. 

ORGANIZATION 

Research Program. This program obtains, an- 
alyzes and distributes biological, environmental 
and fisheries information and statistics for use by 
the Division, the Department and their clientele. 

Operations Program. Headquartered at 

Morehead City with district functions at 
Elizabeth City, Washington and Wilmington as 
weU as Morehead City, this program is responsi- 
ble for management of the marine resources of 
the State and for enforcement of the fishery laws 
and regulations. 

Development Program. This program enhances 
the fishery resources by oyster plantings, shellfish 
lease management, artificial reef construction and 
submerged lands claim resolution. 

MARINE FISHERIES COMMISSION 

The Marine Fisheries Commission is responsi- 
ble for management, restoration, development, 
cultivation, conservation protection and regu- 
lation of the marine and estuarine resources of 
the State (G.S. 143B-289.3); ;md to adopt rules 
to be followed in the management, protection, 
preservation and enhancement thereof (G.S. 
I43B-289.4); all such rules to be enforced by the 
Department and Division [1438-289.4(5)]. 

DI\ ISION OF PARKS AND RECREATION 

P.O. Box 27687 

Raleigh, North Carolina 27611-7687 

(919) 733-4181 

The North Carolina Division of Parks and Re- 
creation is responsible for planniag for a state- 
wide system of park and recreation resources. 
The Division administers the state park system 
which includes state parks, state natural areas, 
state recreation areas, state trails, state lakes, and 
natural-and-scenic rivers. The system functions 
to preserve unique examples of archacologic, 
biologic, geologic, scenic, and recreational re- 
sources. The Division is also responsible for the 
Land and Water Conservation Fund Program, a 
federal matching-fund program which supports 
outdoor recreation, consen'ation, and statewide 
recreation planning. Recreation consulting ser- 
vices are provided through a cooperative agree- 
ment with North Carolina State F'ni\'ersity. The 
Division is organized into four sections. 



ORGANIZATION 

Design and Development Section. The Design 
and Development Section is responsible for 
managing the Division's capital improvement 
projects, land acquisition program, and resource 
management program. The section maintains an 
inventory of repair and renovation needs in the 
state park system. 

Operations Section. The Operations Section is 
responsible for efficient management of the state 
park system. On-site park superintendents serve 
to manage park units. Section responsibilities 
include state park system operation, interpreta- 
tion and education, visitor protection and safety, 
natural resource management, concessions man- 
agement, and volunteer program administration. 



Consulting Services Section. 



The Consulting 
Services Section provides advisory services, plan- 
ning assistance, and training programs to public, 
private, and commercial agencies and organiza- 
tions. The section assist with field administration 
of the Land and Water Conser\ation Fund by 
providing information, processing applications, 
performing inspections, and resolving conver- 
sions. The unit also conducts special projects, 
such as the "Take Pride in .\merica" program--a 
nationwide effort to promote public land 
stewardship. 

Planning and Assessment Section. The Plan- 
ning and Assessment Section prepares 
systemwide plans and general management plans 
for the state park system. The section is re- 
sponsible for maintaining the State Comprehen- 
sive Outdoor Recreation Plan, conducting special 
studies, and preparing preliminary and feasibility 
studies of river segments nominated for inclusion 
into the State Natural and Scenic River System. 
The Natural Heritage Program, a part of the 
section, serves to identify, inventory, and provide 
protection for rare and endangered plant and an- 
imal species, special wildlife habitats, sensitive 
wetlands, and geologic landforms. 

PARKS AND RECREATION COUNCIL 

The Parks and Recreation Council functions to 
advise the Department on the promotion, devel- 
opment, and administration of the state park 
system. iTie Council works to educate and in- 
form the citizens of the State on the needs and 
opportunities of the stale park system. The 
Council also advises the Department with respect 
to the quality and quantity of the total recreation 



428 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORCANIZA TION 



services provided to the citizens of the State. 
(G.S. 143B-311 through 313) 

RECREATION AND NATURAL 

HERITAGE TRUST FUND BOARD OF 

TRUSTEES 

The Board functions to administer the Natural 
Heritage Trust Fund which was established to 
provide support for acquisition and management 
of significant natural areas. (G.S. 113-77.6 
through 77.9) 

NORTH CAROLINA TRAILS 
COMMITTEE 

The Committee coordinates trail development 
among local governments and advises the De- 
partment on aU matters pertaining to trails. 
(G.S. 1438-88; 333; and 334) 

DIVISION OF SOIL AND WATER 
CONSERVATION 

512 North Salisbury Street 

Raleigh, North Carohna 27611 

919/733-2302 

The Division of Soil and Water Conservation 
is a comprehensive, statewide program for con- 
serving our soil and water resources and operates 
under the Department of Natural Resources and 
Community Development. The Division pro- 
vides stafl~, clerical assistance, and policy imple- 
mentation for the N.C. Soil and Water 
Conservation Commission. It also helps the 94 
local Soil and Water Conservation Districts and 
their State Association in their campaign for soU 
and water conservation. 

ORGANIZATION 

District Program Section. The District Pro- 
gram Section coordinates the activities of the 94 
local soil and water conservation districts across 
the state and serves as staff for the N.C. Associ- 
ation of Sou and Water Conservation Districts, 
the 94 Districts' member association. 

N.C. Agriculture Nonpoint Source Pollution 
Control Section. The N.C. Agriculture Non- 
point Source Pollution Control Section, com- 
monly known as the N.C. Agriculture 
Cost-Share Section, is responsible for encourag- 
ing the voluntary adoption of Best Management 
Practices (BMP's) to control agricultural non- 
point source pollution. This Section administers 
the North Carolina Agriculture Cost-Share Pro- 
gram which addresses water quality. 



Watershed Plaiming Section. The Watershed 
Planning Section supports the planning and im- 
plementation of PL 566 Small Watershed 
Projects (250,000 acres or less) under USDA-Soil 
Conservation Service Authority. The projects 
address community-wide natural resource prob- 
lems such as flooding, erosion, and water quality. 

Soil Survey Section. The Soil Survey Section 
coUects and classifies soils data and prepares 
county soil survey reports. This Section works 
in close cooperation with the Soil Conservation 
Service (SCS). 

Wetlands Inventory Section. The Wetlands 
Inventory Section provides quality control for 
the National Wetlands Inventory underway in 
North Carolina by the U.S. Fish and Wildlife 
Service. 

NORTH CAROLINA SOIL AND WATER 
CONSERVATION COMMISSION 

G.S. 143B-294 states "there is hereby created 
the Soil and Water Conservation Commission 
of the Department of Natural Resources and 
Community Development with the power and 
duty to adopt rules and regulations to be fol- 
lowed in the development and implementation 
of a soU and water conservation program." 

DIVISION OF WATER RESOURCES 

P.O. Box 27687 

Raleigh, North Carolina 27611 

(919) 733-4064 

The Division of Water Resources manages 
programs for planning, technical assistance, and 
fmancial assistance for river basin management, 
water supply, water conservation, navigation, 
stream clearance, flood control, beach protection, 
aquatic weed control, hydroelectric power, and 
recreational uses of water. The Division devel- 
ops plans and special studies in cooperation with 
local governments and other state and federal 
agencies to recommend solutions for complex 
water resource problems related to regional water 
use and interstate river basins. 

ORGANIZATION 

Water Resources Planning Section. The Water 
Resources Planning Section develops plans and 
special studies in cooperation with local govern- 
ments and other state and federal agencies, per- 
forms instream flow studies, conducts aquatic 
weed control projects, develops water use 



NORTH CAROLINA REGISTER 



429 



ST A TEMENTS OF ORGANIZA TION 



projections for municipal, county, and regional 
water supplies, provides technical and financial 
assistance for local government-sponsored water 
development projects, prepares environmental 
assessments of major projects affecting water re- 
sources, and administers and coordinates the 
Stream Watch Program and North Carolina 
Rivers Month. 

Water Supply Assistance Section. The Water 
Supply Assistance Section provides technical as- 
sistance to counties, municipalities, and other 
forms of public water supply systems and their 
consultants. Some of the services provided in- 
clude: analyses and surveys of existing water 
supply systems, investigate and identify alterna- 
tive and emergency raw water sources, coordi- 
nation of regional cooperation between local 
water supply systems, evaluation of future water 
demands, information on sources of fmancial as- 
sistance and water conservation, and notify any 
municipality or other governmental unit of po- 
tential water shortages. 



Ihdrologv and Manasement Section. 



The 

Hydrology and Management Section provides 
information and analyses on surface water and 
groundwater to other State agencies, federal 
agencies, federal agencies, and to municipal and 
industrial water users and their consultants. 
Some of the information and analyses pro\ided 
include: reservoir operation studies, reservoir 
yield analyses, goundwater modelling for water 
supply planning and low flow analyses. 

ENVIRONMENTAL MANAGEMENT 
COMMISSION 

The Environmental Management Commission 
(EMC) receives staff support from the Divisions 
of Environmental .Management, Water Re- 
sources, and Land Resources. The primary 
statutes administered by the Division of Water 
Resources for the EMC are the Water Use Act 
(G.S. 143-215.11 et scq), the Water Emergency 
Act (G.S. 143-354(b)-(e)j, and the Eederal Water 
Resources Development Projects Act (G.S. 
143-215.38 et seq). 

AQUATIC WEED COUNCIL 

The Aquatic Weed Council meets quarterly to 
pro\ide a means of communication and coordi- 
nation among the numerous agencies involved in 
or interested in aquatic weed control, and to ex- 
change information on aquatic weed control 
methods. The Council reviews the proposed 
weed control program developed by the Division 



of Water Resources each year to assure that all 
affects on the environment or on public health 
have been adequately evaluated. 

NORTH CAROLINA ZOOLOGICAL PARK 

Route 4, Box 83 

Asheboro, North Carolina 27203 

(919) 879-5606 

The N. C. Zoological Park is designed to dis- 
play representative species of animal and plant 
life from the various land and sea masses of the 
world in a zoogeographic relationship and to 
achieve the specific purposes of: 

1 - Providing unique educational opportunities 

to the general pubhc and to the state 
school systems at all levels. 

2 - Providing a meaningful recreational outlet 

for the citizens and tourists available to 
all; young, old, and handicapped. 

3 - Providing research opportunities to the 

scientific community and collecting and 
disseminating scientific information about 
the animal and plant collection and other 
subjects which is of value to mankind. 

4 - Developing and maintaining a major pro- 

gram for the conservation, preser\-ation, 
and propagation of animal and plant life 
with particular emphasis on endangered 
and threatened species. 

5 - Generating an economic return to the state 

which assists in defraying the cost of op- 
eration of the institution and contributes 
to the general economic well being of the 
region. 

ORGANIZATION 

Office of the General Curator. Responsible for 

the overall management of the animal collection. 
Plans conservation programs with emphasis on 
endangered and threatened species in collab- 
oration with national and international 
zoological and other conscr\'ation organizations. 
Develops breeding programs to sustain the col- 
lection and improve the genetic pool of targeted 
species. Manages the zoo research programs for 
both medical related and other targeted research 
of value tc mankind. Responsible for education 
strategies and objectives to fulfill the Zoo's 
missions. Liaison office with the /Vmerican As- 
sociation of Zoological Parks, the Intemational 
Species Inventory System, and intemational 



450 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



zoological organizations. The three sections of 
this office are Veterinary Medical Services, Ani- 
mal Husbandry, and Education. 

Management Services. Responsible for per- 
sonnel, fmancial management, purchasing, con- 
tract and grant administration, central cashier and 
related administrative services. Manages all visi- 
tor service operations including admissions, retail 
merchandising, public transportation and secu- 
rity. 

Facilities. Responsible for coordination and 
supervision of all Zoological Park construction. 
Serves as single point of contact for architects 
and contractors. Manages the execution of all 
construction contracts. ResponsbUe for all 
physical plant and equipment maintenance and 
accounting for aU property (less plants/animals) 
belonging to the NCZP. Responsible for supply 
of material. 

Exhibit and Graphics. Responsible for the de- 
velopment, construction and maintenance of ex- 
hibit and natural habitats. Manages the graphics 
program and provides graphic art support to op- 
erating divisions and programs. Plans special 
purpose exhibits, graphics and materials to sup- 
port education, conservation and marketing pro- 
grams. 

Marketing. Responsible for increasing positive 
awareness and attendance. Develops and ad- 
ministers marketing programs and strategies. 
Disseminates information to media, government 
agencies, tourism industry and general pubhc. 
Approves all media releases involving the zoo, 
including those issued by the Zoological Society. 
Plans and coordmatcs special events, joint pro- 
motions and publicity opportunities. Solicits 
and coordinates group visits. Responsible for 
informational brochures, speaking engagements 
and exhibits. 

Horticulture. Responsible for the care and dis- 
play of all introduced and indigenous plants in 
the NCZP. Responsible for research and devel- 
opment of botanical related programs. Point of 
liaison with American Zoological Horticulture 
and national and international botanical profes- 
sional orgaruzations. 

NORTH CAROLINA ZOOLOGICAL PARK 
COUNCIL 



ation of the Zoological Park (G.S. 143B-335; 
143-177.3). Responsibilities include: 

1 - Advise on the basic concepts of and for the 

Park, approve conceptual plans for the 
Park and its buildings. 

2 - Advise on the construction, furnishings, 

equipment and operations of the Park. 

3 - Establish and set admission fees with the 

approval of the Secretary, NRCD. 

4 - Recommend programs to promote pubhc 

appreciation of the Park. 

5 - Disseminate information on animals and 

the Park as deemed necessary. 

6 - Develop effective public support for the 

Park through whatever means are desira- 
ble and necessary. 

7 - SoUcit fmancial and material support from 

various private sources within and with- 
out the State. 

8 - Advise the Secretary on any other matters 

referred to it. 

NORTH CAROLINA WILDLIFE 
RESOURCES COMMISSION 

The North Carolina Wildlife Resources Com- 
mission is, as a matter of executive organization, 
a part of the Department of Natural Resources 
and Community Development, but operates in- 
dependently of the Department except for the 
management functions of coordinating and re- 
porting. 

The Commission consists of 13 members, nine 
of which are appointed by the Governor from the 
nine wildlife districts, two by the Governor from 
the State, at -large, and two by the North 
Carolina General Assembly on recommendations 
of the President of the Senate and the Speaker 
of the House, respectively. 

The administrative head of the agency is its 
executive director who is selected by and serves 
at the pleasure of the Commission. The staff of 
the Commission, other than personnel serving 
directly under the executive director, is organized 
into five divisions as foOows: 



This fifteen-member council is appointed by the 
Governor to oversee the development and opcr- 



Administrative Services; 



NORTH CAROLINA REGISTER 



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ST A TEMENTS OF ORGANIZA TION 



Boating and Inland Fisheries; 

Conservation Education; 

Wildlife Law Enforcement; and 

Wildlife Management. 

The pubhc may obtain m formation and make 
submissions and requests to the Wildlife Re- 
sources Commission by communicating with the 
agency by mail or in person at 512 North 
Salisbury Street, Archdale Building, Raleigh, 
North CaroUna 27611, or by telephone at (919) 
733-3391. 

NORTH CAROLINA DEPARTMENT OF 
PUBLIC EDUCATION 

The North Carolina Department of Public Ed- 
ucation is a statutorily created agency (G.S. 
143A-39) within the executive branch of the state 
government. The State Board of Education is 
the head of the Department of Public Education. 
The Superintendent of Pubhc Instruction, a 
statewide elected otTicial as provided for in Article 
111, Section 7 of the North Carolina Constitu- 
tion, is the secretary and chief administrative of- 
ficer of the State Board of Education. The 
Department of Public Education consists of two 
divisions, the Department of Public Instruction 
and the Controller's Office. The Department of 
Public Instruction is responsible for super\'isLng 
and administering the pubhc school system; local 
boards of education operate individual schools 
under their jurisdiction. The Controller's Office 
is responsible for supervising and administering 
the fiscal affairs of the Department of Public 
Education. 

The public may obtain information about and 
make requests to the Department of Pubhc Ed- 
ucation in person or by mail at 1 14 W. Edenton 
Street, Raleigh, North Carohna 27603-1712, and 
by telephone as follows: 

Department of Pubhc Instruction 
(919) 733-3813 

Controller's Office 
(919) 733-7565 

NORTH CAROLINA DEPARTMENT OF 
THE SECRETARY OF STATE 

The Department of the Secretary of State is a 
principal department of the State of North 
Carolina created by /Vrticle 2 of Chapter 143A 



of the General Statutes. The head of the De- 
partment is the Secretary of State, and elective 
officer provided for in Article III, Section 7 of the 
Constitution of North Carolina. 

The constitutional and statutory duties of the 
Department of the Secretary of State are carried 
out through six divisions: 

1) General Administration 

(a) The Secretary of State is located in the 
State Capitol, Raleigh, North CaroUna. 
Personnel in this section have custody of 
the original laws and journals of the cur- 
rent session of the General Assembly and 
register lobbyists. 

(b) The personnel, budget and management 
functions of the Department are carried 
out in Room 302 of the Legislative Office 
Building, 300 N. Sahsbury Street, Raleigh. 
Registration of Trademarks and filing of 
municipal annexation ordinances are also 
the responsibihty of this section. 

2) Pubhcations 

(a) The Pubhcations Division is located in 
Room 302 of the Legislative Office 
Building, 300 N. Sahsbury Street, Raleigh. 
It is responsible for pubhshing the North 
Carohna Manual and Directory of State 
and County Officials. It also distributes 
the Session Laws and Journals of the 
General Assembly. 

(b) The Land Grant Section maintains re- 
cords of land grants from 1663 to 1957. 

3) Corporations 

The Corporations Division is located in 
Room 302 of the Legislative Office 
Building, 300 N. Sahsbury Street, Raleigh. 
The Division is responsible for reviewing 
and tiling charter documents for North 
Carohna Corporations and issuing Certif- 
icates of Authority to foreign corporations 
to transact business in North Carolina. 

4) Uniform Commercial Code 

The Uniform Commercial Code Division 
is located in Room 302 of the Legislative 
Office Building, 300 N. Salisbury Street, 
Raleigh. The Division receives and files 
financing statements and related state- 



4i2 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



merits which give notice of the existence 
of a security interest in personal property. 

5) Securities 

The Securities Division is located in 
Room 404 in the Legislative Office 
Building, 300 N. Salisbury Street, Raleigh. 
The Division registers securities for sale to 
the public and licenses securities dealers 
and salesmen. It also investigates and 
takes appropriate action on complaints of 
violations of the securities laws. 

6) Notary Public Division 

The Notary Public Division is located in 
Room 302 of the legislative Office 
Building, 300 N. Salisbury Street, Raleigh. 
The Division issues commissions to ap- 
plicants who qualify as notaries public, 
conducts the notary education program 
and investigates complaints of misconduct 
by notaries. 

The mailing address for all divisions of the De- 
partment of the Secretary of State is 300 N. 
Salisbury Street, Raleigh, North Carolina 27611. 
The Telephone numbers are: 

Secrctarv of State 
(919) 733-3433 

General Administration 
(919) 733-4161 

Corporations 

(919) 733-4201 

Uniform Commercial Code 
(919) 733-4205 

Securities 
(919) 733-3924 

Notary Public 
(919) 733-3405 

NORTH CAROLrSA DEPARTMENT OF 
STATE TREASURER 

The Department of State Treasurer is organized 
along functional lines as follows: 

1. The Office of the State Treasurer. This unit 
consists of the State Treasurer and his 
immediate staff. It is headed by the State 
Treasurer and is responsible for the overall 



operation of the Department and carrying 
out the sf)ecial duties of the State Treas- 
urer. The budget is part of function code 
1110, General Administration. 

. The Administrative Services Division. This 
division is responsible for Department- 
wide functions and for the administration 
of the Escheat Fund. The Director of the 
Division is a Deputy Treasurer. The Di- 
vision has four operating components as 
follows: 

a. General Administration Section - This 
section is headed by the Division Director 
and is responsible for the following 
Department-wide functions: 

(1) Accounting and budgets, 

(2) Personnel and payroU, 

(3) Purchasing, 

(4) Supply, messenger and mailroom 
services, 

(5) Technical assistance, and 

(6) Miscellaneous general administration, 
e.g. insurance. 

Its budget is part of function code 1110, 
General Administration. 

b. Word Processing Section - This section 
is headed by a section chief and is re- 
sponsible for the preparation of all 
typesetting and camera ready copy for the 
Department and for word processing ser- 
vices requested by other components of 
the Department. The budget is function 
code 1140, Word Processing. 

c. Data Processing Section - This section is 
headed by a section chief and is responsi- 
ble for the operation and programming of 
the mainframe computer of the Depart- 
ment. In addition the Section is respon- 
sible, along with the Division Director for 
planning and approving acquisition and 
use of microcomputers. Its budget is 
function code 1150, Data Processing. 

d. Escheat Eund Administration Section - 
This section is headed by a section chief 
and is responsible for the administration 
of the Escheat Eund including processing 



NORTH CAROLINA REGISTER 



433 



STA TEMENTS OF ORGANIZA TION 



of receipts from holders, making refunds 
to the rightful owners and auditing holders 
for legal compliance. I'he budget is 
function code 1130, Escheat Fund Ad- 
ministration. 

3. The Investment and Banking Division. 
This division is responsible for carrying 
out the banking operations and invest- 
ment activities of the State which have 
been assigned by law to the State Treas- 
urer. The Director of the Division is a 
Deputy Treasurer and the State Invest- 
ment Officer. The Di\ ision has three op- 
erating components as follows; 

a. Investment Management Section - This 
section is headed by the Division Director 
and is responsible for the general super- 
vision of the Division and for the man- 
agement of all investment pools which 
consist of funds belonging to the General 
and Highway Funds, the retirement sys- 
tems, and other special trust funds. The 
budget is a part of function code 1210, 
Investment Management. 

b. In\estment Accounting Section - This 
section is headed by a section chief and is 
responsible for maintaining accounting 
and other fmancial records relating to the 
investment pools through which all mon- 
eys for which the State Treasurer is 
custodian are invested and the records re- 
lating to bank accounts and budgetary 
code accounts. The budget is a part of 
function code 1210, Investment Manage- 
ment. 

c. Operations Section - This section is 
headed by a section chief and is responsi- 
ble for clearing State warrants and for 
clearing investment principal and income 
transactions. For budgetary' purposes, the 
personnel and other costs associated with 
clearing of investment transactions are a 
part of function code 1210, Investment 
Management; the personnel and other 
costs associated with the clearing of State 
warrants are in function code 1220, 
Banking Operations. 

4. The Retirement Systems Division. This 
division is responsible for administering 
the State-operated pension funds and 
fringe benefit trust funds assigned by law 
to the Department of State Treasurer. 
The Director of the Division is a Deputy 



Treasurer and is the Director of each 
pension fund as established by law. The 
budgets for all components of the Divi- 
sion are contained in one function code 
1410, Retirement Operations. The Divi- 
sion has six operating components as fol- 
lows. 

a. Office of the Director - This section is 
headed by the Director and is responsible 
for the overall supervision and operations 
of the Division. 

b. Accounting /Data Control - This section 
is headed by a section chief and is re- 
sponsible for accounting for aU pension 
funds and other trust funds assigned to the 
Division. In addition, the Section main- 
tains control of documents being sent to 
Data Processing for updating the com- 
puter files. 

c. Benefits Processing - This section is 
headed by a section chief and is responsi- 
ble for calculating all payments to mem- 
bers, including retired pay, refunds and 
death claims, and all cost calculations for 
service purchases. 

d. Member Services - This section is headed 
by a section chief and is responsible for 
helping individual members who call, 
write in, or come in with problems. This 
section counsels soon-to-be retired and 
retirees to make certain that these people 
obtain their proper rights. The section 
assists employing units on eligibihty 
questions and questions from its employ- 
ees. 

e. Disability - This section is headed by a 
section chief and is responsible for deter- 
mining eligibility and processing disabiUty 
claims for the Local Governmental Em- 
ployees' Retirement System and the Dis- 
ability Income Plan for teachers and State 
employees. This Section also administers 
the Retiree Contributory Death Benefit 
Plan. 

f Records - This section is headed by a 
section chief and is responsible for main- 
taining fdes on all members, active, inac- 
tive and retired. Primarily fdes are 
maintained in microfilm or microfiche 
forms. 



434 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



The State and Local Governmental Fi- 
nance Division. This division is respon- 
sible for providing staff to the Local 
Government Commission and to the 
North Carolina Educational Facilities Fi- 
nance Agency. The Director of the Divi- 
sion is a Deputy Treasurer, the Secretary 
of the Local Government Commission 
and the Secretary-Treasurer of the North 
Carolina Educational Facilities Finance 
Agency. The budgets for the component 
units are contained in one function code 
1310, Local Government Operations. 
The Division has two operating compo- 
nents as follows: 



Investment and Banking 
(919) 733-7282 

Retirement System 
(919) 733-4191 

State and Local Government Finance 
(919) 733-3064 

Advisory Council on Vocational Education 
(919) 733-2064 

NORTH CAROLINA STATE BOARD OF 
ARCHITECTURE 



, Debt Management Section - This section 
is headed by the Division Director and is 
responsible for reviewing requests for is- 
suing debt and making proposals thereon 
to the approving agency. In addition, this 
Section is responsible for the sale of State 
and local governmental debt that is au- 
thorized but unissued. 



The North Carolina Board of Architecture is 
charged with the licensing and regulation of the 
practice of architecture in the State of North 
Carolina. For submissions, requests or further 
information, please contact the Executive Direc- 
tor, Cynthia B. Skidmode, 501 N. Blount Street, 
Ralei^, North Carolina 27604, telephone (919) 
733-9544. 



b. Fiscal Management Section - This sec- 
tion is headed by a section chief and is 
responsible for assisting local governments 
keep a strong fiscal position. Among the 
ways this is accomplished are the review 
of all audits of local go\'emments received 
by the Division, the preparation of mem- 
oranda for local governments on solutions 
to old and new problems, and the pro- 
vision of technical assistance in person 
and by phone. 

6. The Advisory Council on Vocational Edu- 
cation. This division provides staff to the 
Advisory Council on matters dealing with 
vocational education. The costs of the 
Council and staff are reimbursed from 
federal grants which are renewed every 
year. The Director of the Division is the 
Executive Director of the Council. The 
budget is function code 1510, Advisory 
Council on Education. 

The mailing address for all divisions of the De- 
partment of State Treasurer is 325 North 
Salisbury Street, Raleigh, North Carolina 27611. 
The telephone numbers are: 

State Treasurer 
(919) 733-3951 

Administrative Services 
(919) 733-4440 



NORTH CAROLINA AUCTIONEER 
LICENSING BOARD 

The Auctioneer Licensing Board is responsible 
for the administration and enforcement of the 
Auctioneers Law, G.S. 85B, which establishes 
specific standards of conduct for auctioneers and 
auction firms that serve to protect the public 
from incompetent or unqualified persons engag- 
ing in auction activities, and from deceitful prac- 
tices, wilUul misrepresentations or fraudulent and 
dishonest dealings; affords a means of redress of 
grievances to any person suffering damage, and 
provides a means of monetary restitution for loss 
suffered. 

The Auctioneers Law stipulates that there shall 
be a five-member Commission, appointed by the 
Governor. By law, three members are from 
nominations submitted to the Governor by the 
Auctioneers Association of North Carolina. At 
least three members must be experienced licensed 
auctioneers; one member is appointed to repre- 
sent the public at large, and carmot be licensed 
as an auctioneer. 

It is the responsibility of the board to license 
auctioneers, apprentice auctioneers, and auction 
firms and to see that the qualifications and ac- 
tivities of those engaged in auctioneering activ- 
ities are in accord with law and in the best 
interests of the public. The hoard is not a board 
of arbitration and has no jurisdiction to settle 



NORTH CAROLINA REGISTER 



435 



STA TEMENTS OF ORGANIZA TION 



disputes between parties concerning such matters 
of contract as the rate of commissions, the divi- 
sion of commissions, pay of assistants, and simi- 
lar matters. 

The Commission may upon its own motion or 
upon a complaint in writing of any person, pro- 
vided the complaint and any evidence presented 
with It establishes a prima facie case, hold a 
hearing and investigate the actions of any 
licensee, and has the power to suspend or revoke 
any license issued. The Commission may in its 
own name seek injunctive relief to restrain any 
violation or anticipated violation of the 
Auctioneers Law; is entitled to the services of the 
Attorney General in enforcing the provisions of 
G.S. 85B, or may employ an attorney to assist 
and represent it in enforcement of specific mat- 
ters. 

The Commission holds monthly meetings; re- 
ceives and acts upon license applications; adopts 
rules and regulations; investigates complaints; 
holds administrative hearings as needed; suspends 
or revokes licenses when warranted; sponsors and 
underwrites educational projects for the benefit 
of licensees and provides recovery and guaranty 
protection through the .'Auctioneer Recover>' 
Fund. 

The board's office is staffed by an executive di- 
rector, administrative assistant, and two secre- 
taries. rVU employees ser\'e at the pleasure of the 
Commission. Operational activities are sup- 
ported totally by license fees collected from those 
in the auction profession and deposited with the 
State Treasurer: no funds are appropriated for the 
use of this agency. The staff administers exam- 
inations, issues and renews licenses, publishes an 
annual director}' and biannual newsletters, and is 
responsible for the daily functioning of the office. 
Complaints are investigated with the assistance 
of a contractual investigative firm. 

The administrative offices of the Auctioneer Li- 
censing Board are located at; 

3509 Haworth Dr., Suite 306 
Raleigh, N.C. 27609-7276 
Telephone; (919j 733-2182 



Office hours are 8:30 a.m. until 5:00 p.m. 
day through Friday, except holidays. 



Mon- 



NORTH CAROLINA BOARD OF BARBER 
EXAMINERS 



General Statutes 86A regulates the practice of 
barbering. This program protects consumers by 
examining and licensing barbers, and inspecting 
barber facilities in North Carolina to determine 
compliance with sanitar>' regulations. 

The State Board of Barber Examiners is estab- 
lished to consist of four members appointed by 
the Governor. Three members are licensed bar- 
bers; the other is not licensed and represents the 
interest of the public. The members serve no 
more than two complete consecutive three-year 
terms. Four Barber Shop Inspectors are em- 
ployed by the Board to inspect barber shops and 
schools to determine compliance and to investi- 
gate consumer complamts and acts of illegal bar- 
bering. 

The expenses in connection with the adminis- 
tration of Chapter 86A, are paid soley from the 
funds derived from fees collected and received 
under this Chapter. 

NORTH CAROLINA STATE BOARD OF 

CERTIFIED PUBLIC ACC0L:NTANT 

EXAMINERS 

The North Carolina State Board of Certified 
Public Accountant Examiners is an independent 
State agency, urdike the N.C. Association of 
CPAs. The State Board is an occupational li- 
censing board and is authorized by Chapter 93 
of the N.C. General Statutes. 

BO.\RD RESPONSIBILITIES 

TTie board has these primar>' responsibilities: 

(1) to grant CPA certificates to those who 
have met legal requirements including age, 
citizenship, education, experience and 
good moral character; 

(2) to register CPA firms; 

(3) to annually renew CPA certificates and 
firm registrations; 

(4) to administer the semi-annual CPA Ex- 
amination; 

(5) to administer the CPE compliance pro- 
gram; 

(6) to adopt rules of professional ethics and 
conduct to be observed by CPAs in this 
State; 



436 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



(7) to conduct administrative hearings with 
respect to State statutes and Board rules; 
and 

(8) to administer other provisions of G.S. 93. 

BOARD COMPOSITION 

The board is composed of five persons who are 
CPAs and two persons who are not CPAs who 
represent the public at large. The Board's staff 
includes an Executive Director who is a CPA, a 
Deputy Director, eight other full-time staff 
members and several part-time assistants. 

USE OF CPA TITLE RESTRICTED BY LAW 

North Carolina accountancy law is unusual in 
that anyone can practice public accountancy by 
paying a minimal privilege license fee. However, 
anyone not Ucensed by the North Carolina Board 
of CPA Examiners is restricted to only the title 
"accountant". Even though a person is a CPA 
in another state and holds a position in such 
fields as industry, government or education, a 
North Carolina certificate issued by the Board 
must be obtained in order to use the CPA title 
whUe in this State. 

INFORMATION 

You may obtain information from and make 
submissions or requests to the North Carolina 
State Board of Certified Public Accountant Ex- 
aminers in person at 1101 OberUn Road, Suite 
104, Raleigh, North Carolina; by mail at Post 
Office Box 12827, Raleigh, NC, 27605; and by 
telephone at (919) 821-2443. 

NORTH CAROI rSA LICENSING BOARD 
FOR GENERAL CONTRACTORS 

The North Carolina Licensing Board for Gen- 
eral Contractors is located at 3509 Haworth 
Drive, Suite 302, Raleigh, North Carolina. Its 
mailing address is Post Office Box 17187, 
Raleigh, North Carolina 27619 and telephone 
number (919) 781-8771. H.M. McCown is 
Secretary-Treasurer of the Board. Requests for 
information or similar inquiries should be made 
to the Board's office. The members of the Board 
are: Dean B. McClatchey, Chairman; D. Bruce 
Armstrong, Vice-Chairman; Marshall Dunn; J.S. 
Evans; Arthur C. Flood; Jimmy R. Flowers; and 
Douglas A. Lopp. 

NORTH CAROLINA BOARD OF 
COSMETIC ART EXAMINERS 



Goal: The goal of the State Board is to assure 
the consumer of clean and sanitary salons and 
that the services offered are not damaging to the 
consumer. 

The purpose of this Board is to license all peo- 
ple employed as professionals in cosmetology, 
schools, colleges, and salons in North Carolina 
and to assure they have met all standards and 
requirements to have a license. 

The Board consists of four members appointed 
by the Governor, one by the N.C. House 
Speaker, and one appointed by the Lt. Governor. 
The Board Members conduct the State Board 
Examinations and meet to set policy and stand- 
ards for Cosmetic Art in North Carolina. 

Board Members are: Chairman, Phil Shehdan; 
First Vice-Chairman, Alma TUghman; Second 
Vice-Chairman, Mary Walker; Members, Mary 
Battle, Allen Reid Plummer, Jr. and Lillian 
Snipes. 

Objectives: 

1. To increase accessibility of training in the 

area of cosmetology. 

2. To increase the number of licensed 
cosmetologists, schools, colleges, and 
salons. 

3. To reduce complaints filed against salons 
and cosmetologists. 

Office Hours are 8-5 P.M., and Telephone 
number is 790-8460. The Executive Secretary is 
Vicky Rothrock Goudie. 

N.C. State Board of Cosmetic Arts 

4101 North Blvd., Suite H 

Raleigh, North Carolina 27604 

NORTH CAROLINA STATE BOARD OF 
DENTAL EXAMINERS 

The North Carolina State Board of Dental Ex- 
aminers maintains its offices at 3716 National 
Drive, Suite 221, Raleigh, North Carolina, 27612. 
The Board's mailing address is Post Office Box 
32270, Raleigh, North Carolina, 27622-2270. 
The Board's telephone number is (919) 781-4901. 
Christine H. Lockwood is the Executive- 
Secretary of the Board. Board members pres- 
ently serving are: Stanley L. Fleming, D.D.S.; 
Frederick H. Howdy, D.D.S.; Bettie R. McKaig, 



NORTH CAROLINA REGISTER 



437 



57".^ TEMENTS OF ORGANIZA TION 



D.D.S.; Kent N. Tucker, D.D.S.; Carlton V. 
Winter, D.D.S.; James ElHott, D.D.S.; Nancy 
A. St. Onge, R.D.H.; and Marie S. Moore, 
Consumer \Icmber. The law firm of Bailey & 
Dixon serves as legal counsel to the Board. 

NORTH CAROLINA STATE BOARD OF 

EXAMINERS OF ELECTRICAL 

CONTRACTORS 

The State Board of Examiners of Electrical 
Contractors was created by Article 4, Chapter 87, 
of the General Statutes. The Board consists of 
se\'en members as foOows: one member from the 
North Carolina Department of Insurance desig- 
nated by the Commissioner of Insurance; one 
member who is a representative of the North 
Carolina Association of Electrical Contractors 
designated by the govenung body of that organ- 
ization; and five members appointed by the 
Governor: one from the faculty of the Greater 
University of North Carolina who teaches or 
does research in the field of electrical engineering, 
one who is serving as a chief electrical inspector 
of a municipality or county in North Carolina, 
one who has satisfied the requirements for a li- 
cense classified under G.S. 87-43.3 and who re- 
presents a sole proprietorship, partnership or 
corporation located in North Carolina which is 
actively engaged in the business of electrical con- 
tracting, and two who have no ties with the 
construction industry' and who represent the in- 
terest of the public at large. 

The Board meets several times a year to transact 
business and it administers the written qualifying 
examinations to applicants for a license twice a 
year in March and September. 

Information may be obtained from and sub- 
missions and requests may be made at the 
Board's office located at 1200 Front Street, Suite 
105, Ralcieh, North Carolina 27609, Telephone 
(919) 733-0042. 

NORTH CAROLINA BOARD FOR 
LICENSING OF GEOLOGISTS 

The North Carolina Board for Licensing of 
Geologists is an occupational licensing board 
which regulates the practice of geology by (1) 
determining whether applicants meet the statu- 
tory- requirements for licensing, and (2) enforcing 
the statutory provisions governing the practice 
of geolog>'. N.C.G.S. Chapter 89E sets out the 
statutory' authority of the Board. 



Any interested party may obtain information 
and make submissions or requests by contacting 
the Board at P. O. Box 27402, Raleigh, N.C. 
27402 or by calling 919-781-7297. 

NORTH CAROLFSA MARITAL AND 

FAMILY THERAPY CERTIHCATION 

BOARD 

The North Carolina Marital and Family Ther- 
apy Certification Board was established in 1979 
in accordance with Chapter 31, Article 18C of the 
North Carolina General Statutes. The Certif- 
ication Act was established to provide a structure 
and procedures which insure that the public has 
a means of protecting itself from unprofessional, 
improper, and unauthorized use of certain titles 
by persons who practice marital and family ther- 
apy. 

Information on the certification process or the 
status of an applicant may be obtained by calling 
919-748-4657 \Ionday through Friday between 
the hours of 8:00 a.m. - 5:00 p.m., or by writing: 

Sheha K. Beck. Executive Secretary 

N.C. .Marital and Family Therapy Certification 

Board 

Section on Marital and Family TTierapy 

Bowman Gray School of .Medicine 

Winston-Salem, NC 27103 

BOARD OF MEDICAL EXAMFSFRS OF 
THE STATE OF NORTH CAROLINA 

General Statute 90.2 establishes the Board of 
Medical Examiners in order to properly regulate 
the practice of medicine and surgery in the State 
of North Carolina. 

.MIDWIFERY JOEST COMMITTEE OF 
THE STATE OF NORTH CAROLFSA 

"Midwifery Joint Committee administers the 
provisions of Article lOA 'Practice of Midwifery' 
by the approval of nurses to practice midwifery 
in North Carolina and by regulation of that 
practice. 

.-Ml meetings of the Midwifery Joint Committee 
are open to the public. Persons wishing to bring 
matters to the attention or consideration of the 
Midwifery' Joint Committee may write the 
MidwifeiA Joint Committee, P. O. Box 2129, 
Raleigh, NC 27602." 

NORTH CAROLFSA BOARD OF 
MORTLARY SCIENCE 



438 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



The North Carolina Board of Mortuary Science 
was created by Article 13A, Chapter 90, General 
Statutes. The Board consists of six persons li- 
censed by the Board and elected by licensees, 
plus one public member appointed by the Gov- 
ernor. The Board meets as often as necessary to 
transact its business. It administers a written 
examination to applicants for licenses twice a 
year. 

Information may be obtained from and sub- 
missions and requests may be made to the Board 
office, located at 412 North Wilmington Street, 
Raleigh, North Carohna 27601, telephone (919) 

733-9380. 

NORTH CAROLINA BOARD OF NURSING 

"The North Carolina Board of Nursing Licenses 
registered nurses and Ucensed practical nurses; 
regulates the practice of nursing; approves edu- 
cational units leading to licensure; issues inter- 
pretations of the Nursing Practice Act, and 
maintains a joint subcominittee with the North 
Carolina Boaid of Medical Examiners for matters 
relating to the performance of medical acts by 
registered nurses. 

All meetings of the Board, including Board 
committee meetings, are open to the public. 
Persons wishing to bring matters to the Board for 
its attention or consideration shall submit the 
request in writing no less than 30 days prior to 
the scheduled regular meeting. The Board office 
is located at 706 Hillsborough Street, Raleigh, 
NC 27603; mailing address is P. O. Box 2129, 
Raleigh, NC 27602." 

NORTH CAROLINA STATE BOARD OF 

EXAMINERS FOR NURSING HOME 

ADMINISTRATORS 

The N.C. State Board of Examiners for Nursing 
Home Administrators has the following func- 
tions and duties: 

1. Develop standards for licensure of nursing 
home administrators. 

2. Development and administration of ex- 
aminations for licensure candidates. 

3. Issuance of licenses as nursing home ad- 
ministrators. 



4. Establish and implement procedures to 
insure that licensees comply with licensure 
standards. 

5. Investigation of complaints relating to 
nursing home administrators. 

6. Continuing study for the purpose of im- 
provements in the standards for licensing. 

7. Conduct and review continuing education 
programs for nursing home administra- 
tors. 

8. Develop and implement rules and regu- 
lations. 

9. Receive and disburse funds for the opera- 
tion of the Board. 

10. Maintain a register of all applicants for 
licensure and of licensed nursing home 
administrators. 

1 1. Develop an administrator-in-training pro- 
gram to insure that nursing home admin- 
istrators have adequate training and 
experience prior to licensure. 



Location: 701 Barbour Drive, 
Raleigh, N.C. 27603 



Room 102; 



Mailing Address: Same 

Telephone Number: 919/733-6225 

Contact: WiUiam A. Moon 

NORTH CAROLINA BOARD OF 
OCCUPATIONAL THERAPY 

The North Carolina Board of Occupational 
Therapy hccnses Occupational Therapists and 
Occupational Therapist Assistants to practice the 
profession of Occupational Therapy in the State 
of North Carolina. The Board is composed of 
six members appointed by the Governor for 
staggered terms from one to four years. The 
Board consists of three Occupational Therapists, 
one Occupational Therapist Assistant, a public 
member and an orthopedic surgeon. The Board 
receives applications for prospective licensees, 
reviews the applications and if appropriate, issues 
hcenses. It also conducts hearings with regard to 
licensure and with regard to the furnishing of 
competent occupational therapy services to the 
citizens of North Carolina. 

The Office of the Board is located at Suite 1921, 
Center Plaza Building, 411 Fayetteville Street 



NORTH CAROLINA REGISTER 



439 



ST A TEMENTS OF ORGANIZA TION 



Mall, Raleigh, North Carolina. The mailing ad- 
dress of the Board is P.O. Box 2280, Raleigh, 
North Carolina 27602, and its telephone number 
is (919) 832-1380. The office hours of the Board 
are from 9:00 a.m. to 5:00 p.m. Monday through 
Friday. 

NORTH CAROLIN.\ ST.ATE BOARD OF 
OPTICIANS 

The North Carohna State Board of Opticians 
is located at 412 North Wilmjnsrton Street, 
Raleigh, N.C. 27601-1061. The Bo~ard consists 
of seven members. 

Any information, submissions or request may 
be directed to the Board office by mail at 412 
North Wilmington Street, Raleigh, N.C. 
27601-1061 or by calling 919-733-9321. 

NORTH CAROLFSA STATE BOARD OF 
EXAMINERS IN OPTOME IRV 

The Board is established pursuant to North 
Carolina General Statute Section 90-116. Stat- 
utes concerning the Board are found at Sections 
90-1 14 eL seq. Rules and regulations concerning 
the Board are found at 2rNCAC 42A .0001. 
The Board's office is located at 321 East Main 
Street, Post Office Drawer 609. Wallace, North 
Carolina 2S466-0609. 

Officers of the Board are: 

President 

Dr. L. S. Christian 

413 West Mam 

WilHamston, North Carolina 27892 
(919) 792-2195 

Vice-President 

Mrs. Charles Martin 

2560 Beechmont 

\N'inston-Salem, North Carolina 27101 

(919) 724-3294 



G. Eugene Boyce 

Johnny M. Ix)p)er 

Womble Carlyle Sandridge and Rice 

Post Office Box 831 

Raleigh, North Carolina 27602 

(919) 755-2100 

The Board does not hold regularly-scheduled 
meetings other than its annual meeting and those 
associated with the licensing examination, but 
rather meets as e%'ents require. .-Mthough the 
Board has not designated a specific site for its 
meetings, they are most often held in Raleigh. 
The licensing examination meetings have been 
scheduled in Raleigh twice yearly through 1992. 
Administrative hearings are usually held in 
Raleigh. 

NORTH CAROLINA BOARD OF 
PHARMACY 

The North Carolina Board of Pharmacy is lo- 
cated at 602-H Jones Ferry Road, Chapel Hill, 
North Carolina. Its mailing address is Post Of- 
fice Box H. Carrboro, North Carolina, 27510 and 
the telephone number is (919) 942-4454. David 
R. Work is Executive Director of the Board. 
Request for information or similar inquiries 
should be made to the Board's office. The 
members of the Board are: Evelyn P. Lloyd, 
President: WiUiam R. Adams, Jr., \'ice- President; 
\\'iliiam H. Randall, Jr.; Harold Vann Day, 
William Whitaker Moose, and WiUiam T. Big- 
gers. 

NORTH CAROLES A BOARD OF 
PHYSICAL THERAPY EXAMEsERS 

The North Carolina Board of Physical Therapy 
Examiners is an occupational hcensing board 
which was created by the General Assembly in 
1951. The Phvsical Therapv Practice Act is 
found m G.S. 90-270.24 - 90-270.39. 

The Board: 



Secretary" 

Dr. John D. Robinson 

321 East Main Street 

Post Office Drawer 609 

Wallace, North Carolina 2S466 

(919) 285-3160 

NC WATS SOO-426-4457 

Questions concerning the Board's operations or 
activities should be directed to Secretary 
Robinson. The Board's legal counsel are: 



(1) issues licenses to practitioners of physical 
therapy in order to protect the saiety and 
welfare of recipients of physical therapy 
ser%ices in North Carolina. Both physical 
therapists and physical therapist assistants 
are licensed by the Board. Currently there 
are 1856 physical therapists holding active 
licenses with 1272 of these residing in 
North Carolina. There are 574 licensed 
physical therapist assistants and 485 of 
them live in the State. 



440 



NORTH CAROLINA REGISTER 



ST A TEMENTS OF ORGANIZA TION 



(2) is charged with the responsibility of in- 
vestigating complaints regarding the un- 
authorized practice of physical therapy in 
North Carolina and acts of licensees that 
violate the Practice Act. 

(3) issues interpretation of questions arising 
from the Physical Therapy Practice Act. 

The Board consists of eight members including 
one medical doctor, four physical therapists, two 
physical therapist assistants, and one public 
member, who represents the interest of the public 
at large and is a person who is not licensed under 
Chapter 90. 

Licenses are granted both by endorsement of an 
active license in another state and by examina- 
tion. Examinations wUl be held on November 
2, 1988, Februar>' 1, 1989, and July 6, 1989. 

The Board has adopted rules and regulations 
pursuant to the Administrative Procedure Act 
which are codified in 21 NCAC, Chapter 48. 

Further information may be obtained by writing 
the Executive Secretary, 2426 Tryon Road, 
Durham, North Carohna 2770.5. 

NORTH CAROLINA BOARD OF 
PODIATRY EXA.MINERS 



BOARD OF REGISTf:RED PRACTICESG 
COUNSELORS 

The North Carolina Board of Registered Prac- 
ticing Counselors certifies counselors for private 
practice who hold a minimum of a masters de- 
gree in counseling (or related area), have at least 
two years of counseling experience, and have 
passed an examination. The Board maintains a 
registry of counselors who have submitted cre- 
dentials for review and have been certified. In- 
formation on registration procedures or 
verification of counselors credentials may be ob- 
tained by wntmg: NCBRPC, Box 12023, 
Raleigh, NC 27605. 

NORTH CAROI INA STATE BOARD OF 

EXA.MrSERS OF PRACTICING 

PSYCHOLOGISTS 

The North Carolina State Board of Examiners 
of Practicing Psychologists was established in 
1967 by an Act of the North Carolina Legislature 
known as the Practicing Psychologist Licensing 
Act. The purpose of the board is to provide for 
the examination and licensure of persons who 
engage in the practice of psychology in the State 
of North Carolina. The mailing address is Uni- 
versity Hall, Appalachian State University, 
Boone, North Carolina 28608. Telephone (704) 
262-2258. 



The Board of Podiatry' Examiners for the State 
of North Carolina is established by G.S. 90-202.4 
of the North Carolina General Statutes. The 
Board consists of four members appointed by the 
Governor. Three of the members are licensed 
podiatrists and the other member is chosen by 
the Governor to represent the public at large. 

The Board of Podiatr>' Examiners for the State 
of North Carolina is an occupational licensing 
Board responsible for the practice of podiatry, 
including examinations, licensure, discipline, 
continuing education, record keeping and other 
matters pertaining to the practice of podiatry in 
the State of North Carolina. 

Information may be obtained from and sub- 
missions and requests may be made tlirough the 
Board's Secretary, Dr. Thomas Hampton, 1516 
Elizabeth Avenue, Charlotte, North Carohna 
28204, or the Board's President, Dr. C. Jeff 
Mauney, 707 N. Morgan Street, Shelby, North 
Carolina 28105. Dr. Hampton's phone number 
is (704) 376-3947, and Dr. Mauney's phone 
number is (704) 487-6672. 



NORTH CAROLINA STATE BOARD OF 
REGISTRAl ION FOR PROFESSIONAL 
ENGINEERS AND LAND SURVEYORS 

The North Carolina State Board of Registration 
for Professional Engineers and Land Surveyors 
is estabhshed under the provisions of Chapter 
89C of the North Carolina General Statutes. 
The Board is composed of nine members, ap- 
pointed by the Governor for a five year term. 
There are four (4) Professional Engineer mem- 
bers, three (3) Registered Land Surveyor mem- 
bers, and two (2) pubhc members. 

The Board is responsible for the administration 
and regulation of the professions of engineering 
and land surveying in North Carolina. The 
Board reviews appUcations, administers exam- 
inations, registers qualified applicants, and regu- 
lates the professional practice of the registrants 
throughout the State. Complaints are investi- 
gated, and those requiring further action are 
scheduled for a hearing before the Board. 

Board meetings are held at the Board's offices 
in Raleigh, and are open to the public. Persons 



NORTH CAROLINA REGISTER 



441 



57".^ TEMENTS OF ORGANIZA TION 



wishing to bring matters for the Board's consid- 
eration should submit written notification or re- 
quest to be placed on the agenda at least 20 days 
prior to the scheduled regular meeting. The 
Board address is 3620 Six Forks Road. Suite 206, 
Raleieh, North Carolina 27609; phone (919) 
781-9499. 

NORTH CAROI rSA REAL ESTATE 
COM.MISSION 

The North Carolina Real Estate Commission 
is a state governmental agency. Its address is 
Post Office Bo.x 17100, Raleigh, NC 27619 and 
its telephone number is (919) 733-9580. 

The Commission licenses and regulates real es- 
tate agents including brokers, salesmen and cor- 
porate brokers. It handles complaints from 
consumers against licensees. The Commission 
also registers time share projects and regulates 
their sales activities. The Commission has the 
power to take disciplinaiA' action against its 
licensees and time share projects where it deter- 
mines there is a \iolation of the License Law or 
the Time Share Act. 

Departments and personnel m the Real Estate 
Commission include the Commission itself, con- 
sisting of seven volunteer members appointed by 
the Governor. The Executive Director is re- 
sponsible for overall administration of the Com- 
mission's staff, and programs and operations in 
accordance with the policies and directives of the 
Commission. The administrative section is re- 
sponsible for personnel and fui;incial manage- 
ment, as well as general and technical support. 
The hccnsing section processes the \'arious ap- 
pUcations submitted and maintains records on all 
licensees. The education section develops 
standard and matenals for pre-licensing study, 
approves real estate schools and instructors and 
develops and administers the real estate license 
examination program. The investigative section 
Ln\estigates complaints against real estate agents 
and time share sales and management personnel. 
The section also employs auditors who examine 
the trust accounts of real estate firms and time 
share projects. The legal section conducts in- 
quiries and coordinates in\estigations of con- 
sumer complaints, prosecutes charges against 
licensees at hearings before the Commission, and 
provides legal counsel to the Commission. 



The State Board of Refrigeration Examiners 
was created in May, 1955 in order to protect the 
public health, comfort and safety of the citizenry 
of North Carolina. The law governing the Board 
and its operation is contained in Article 5, 
Chapter 87 of the General Statutes of the State. 

The Board is composed of seven members ap- 
pointed by the Governor, each serving staggered 
seven-year terms, llie composition of the Board 
is as follows: two (2) members of the public at- 
large, one (1) manufacturer or wholesaler of re- 
frigeration equipment, one (1) member from an 
engineering school of the Greater University of 
North Carolina, one (1) member from the Divi- 
sion of Public Health of The Greater University 
of North Carolina and two (2) hcensed refriger- 
ation contractors. 

The Board examines for licensure in commer- 
cial, industrial and institutional refrigeration 
contracting in April and October annually. It 
reports armually to the Council of State on all 
activities during the year. 

Eurther information may be obtained at the 
Board office, 323 West Morgan Street, Raleigh, 
NC, by mail at Post Office Box 10553, Raleigh, 
NC 27605, or by calling 919-834-5484. 

ST.\TE BOARD OF SANLI ARL\N 
EXAMINERS 

The primary purpose of the North Carolina 
State Board of Examiners is to enforce General 
Statute 90A. An Act to Require Registration of 
Sanitarians, ratified June 22, 1982, effective Oc- 
tober 1, 1982, in accordance with the Rules of 
Organization, effective Eebruary 1, 1983. 

The Board consists of nine members appointed 
by the Governor of North CaroUna as outlined 
in G.S. 90A-55, to register qualified sanitarians 
to practice within the State. 

Please list the contact person as: 

Thomas F. Owens, R.S. 

Chairman 

N. C. State Board of Sanitarian Examiners 

Guilford County Health Department 

P. O.' Box 3508 

Greensboro, NC 27401-3508 



NORTH CAROLINA BOARD OF 
REFRIGERATION EXAMLSERS 



NORTH CAROLLSA CERTIFICATION 
BOARD FOR SOCIAL WORK 



442 



NORTH CAROLINA REGISTER 



57".^ TEMENTS OF ORGANIZA TION 



The North Carolina Certification Board for 
Social Work is an occupational regulatory board 
authorized by the Social Worker Certification 
Act, Chapter 90 B of the North Carolina General 
Statutes. 

The North Carolina Certification Board for 
Social Work administers and enforces the pro- 
visions of the Social Worker Certification Act. 
The primary responsibilities of the Board are: 

(1) To examine and pass on the qualifications 
of all applicants for certification; and 

(2) To estabhsh or approve study or training 
courses. 

The North Carolina Certification Board for 
Social Work is composed by law of seven mem- 
bers appointed by the Governor. Board mem- 
bers shall include four certified social workers and 
three members from the general public. At all 
times the Board shall include at least one mem- 
ber primarily engaged in social work education, 
at least one member primarily engaged in social 
work in the public sector, and at least one mem- 
ber primarily engaged in social work in the pri- 
vate sector. Board members are: William G. 
Hamby, Jr. (Concord); Frankie E. Hedrick 
(Lexington); Helen Lee Keyes (Asheboro); Carl 
Mumpower (AshevQle); Sandra Page (Gastonia); 
Sandra J. Roberts (Greensboro); and Wihna 
Peebles Wilkins (Raleigh). 

The public may obtain information about cer- 
tification or submit applications to Kay K. 
Saintsing, Administrative Coordinator, North 
Carohna Certification Board for Social Work, 
P.O. Box 1586, Lexington, N.C. 27293-1586, 
telephone (704) 243-2629. 

NORTH CAROLINA VETERINARY 
MEDICAL BOARD 



following organizational structure: Office of the 
system's President with an Executive Vice Presi- 
dent and Assistants for Board Affairs, Federal 
Affairs and Governmental Affairs and four 
divisions— Adult and Continuing Education, Fi- 
nance, Programs, and Research and 
Information— each headed by a Vice President. 

Any person wishing to submit a petition re- 
questing the adoption, amendment or repeal of 
a rule by the Department of Community Col- 
leges shall address the petition to: 

President, Department of Community Colleges 

200 West Jones Street 

Raleigh, North Carolina 27603-1337 

NORTH CAROLINA HOUSING FLSANCE 
AGENCY 

Description of Organization 

The North Carolina Housing Finance Agency 
was created by the North Carolina General As- 
sembly in 1973. The purpose of the Agency is 
to help provide affordable housing for the state's 
low- and moderate-income citizens. The Agency 
obtains funds to meet this goal primarily tlirough 
the sale of tax-exempt bonds. Funds earned 
through Agency operations totally pay staff sala- 
ries and administrative expenses. 

Organizationally, the y\gency is located with the 
Governor's Office. A thirteen member board of 
directors, with expertise in various aspects of 
housing, sets policy for the organization and hires 
the Executive Director. Eight members of the 
Board are appointed by the General Assembly, 
four upon the recommendation of the Speaker 
of the House of Representatives and four upon 
the recommendation of the President of the Sen- 
ate. The Governor also appoints four members 
to the Board of Directors and the members of the 
Board elect a thirteenth member. 



The North Carolina Veterinary Medical Board 
is charged with the licensing and regulation of the 
practice of veterinary medicine in the State of 
North Carolina. For submissions, requests or 
further information, please contact the Executive 
Secretary, Thomas F. Zweigart, D.V.M., P. O. 
Box 12587, Raleigh, North Carolina 27605, 
telephone (919) 733-7689. 

NORTH CAROLINA DEPARTMENT OF 
COMMLTSITY COLLEGES 

The Department of Community Colleges fulfills 
its administrative responsibilities through the 



The Agency operates several specific housing 
programs that generally fall within one of three 
program areas: single family homeownership; 
multil'amily rental housing; and housing rehabili- 
tation. In 1988, the Agency was also given re- 
sponsibility for administration of the North 
Carolina Housing Trust Fund. 

To Obtain Additional Information About the 
Agency or to Make Submissions or Requests 

For information about the Agency and its pro- 
grams, contact the North Carolina Housing Fi- 
nance Agency, 3300 Drake Circle, (Suite 200), 
Post Office Box 28066, Raleigh, North Carolina 



NORTH CAROLINA REGISTER 



443 



STA TEMENTS OF ORGANIZA TION 



27611. Telephone: 91 '5-781-6 II 5. For general 
information about the Agency, interested parties 
should contact the Director of Communications. 
For information, or to make submissions or re- 
quests related to specific programs, the director 
of the applicable program area (single family, 
multifamily or housing rehabilitation) should be 
contacted. 

NORTH CAROLINA OFFICE OF STATE 
PERSONNEL 

Our purpose as an agency of State Government 
is to ser\'e the interests of State employees; to 
manage the programs established by the Gover- 
nor, the I egislature and the State Personnel 
Commission; and to provide specillc services to 
the general public. 

The Office of State Personnel is the administra- 
tive arm of the State Personnel Commission. It 
momtors the policies and programs set by the 
State Personnel Commission, establishes proce- 
dures to complement personnel pohcies. and de- 
velops proposals for new or revised policies for 
Commission consideration. Under the direction 
and guidance of the State Persomiel Director, a 
staft' of approximately 130. including an assistant 
director and seven division managers, carry out 
the ser\'ices and programs of the Office of State 
Persomiel. 

The Director's Office provides the leadership for 
the Office of State Personnel and its staff of per- 
sonnel professionals. .Ajnother area of responsi- 
bility of the Director's Office is to monitor 
personnel problems within State government. 
Federal laws and policies affecting personnel ad- 
ministration, and ratffied bills of the N. C. Gen- 
eral Assembly. This division also manages the 
Credentials Verification Program which provides 
for checks on the education and professional 
credentials of employees. 

The Safety and Health Division administers the 
\\'orkplace Requirements for Safety and Health 
Program. Ihc Progr;im's goals arc: (a) to assist 
in protecting employees from job-related mjuries 
or health impairment; (b) help in preventing 
accidents; and (c) to provide training in emer- 
gency medical procedures, forming emergency 
plans, and momtoring industrial h\giene, house- 
keeping and sanitation. 

The Administrative Services Division is organ- 
ized into three major sections: Policy Adminis- 
tration, Personnel Management Information 
Systems (PMIS). and the Office of State Person- 



nel's Internal Administration. The Policy Ad- 
ministration Section develops and monitors 
policies pertaining to the administration of the 
pay plan, leave, holidays, and other conditions 
of employment, and coordinates policy recomm- 
endations with the Office of State Personnel's 
managers and the State Personnel Commission. 
The Personnel Management Information Sys- 
tems (PMIS) maintains computerized personnel 
and position data system on all employees sub- 
ject to the State Personnel Act. The Internal 
Administration Section pro\ides on-going sys- 
tematic operation of State Personnel including 
automating OSPs operations by the use of word 
processing, electronic fding and retrieval, and 
electronic mail and communications. This sec- 
tion also coordinates budgeting, purchasing, mail 
and supply functions with the Department of 
Administration. 

The Employee Relations Division provides ser- 
vices in the research and development of pro- 
grams and pohcies which apply modem 
management concepts and practices in the area 
of employee-employer relations, placing empha- 
sis on the dignity and value of the individual. 
Programs and services of this division include: 
Governor's Awards for Excellence; Service 
Awards; Wage and Hour Law Administration; 
Pre-retirement Employee's Planning Program 
(PRFPARE); Employee Assistance Program; 
Wellness Improvement for State Employees 
(WISE) Program; Employee, Management Com- 
munications; Work Planning and Performance 
Review (WPPR). 

The Employee and Management Development 
Division pro\ides general employee and man- 
agement training programs, staff support, and 
resources for personnel development activities for 
all State agencies, .\mong its programs and ser- 
vices are: Public Manager Program; Professional 
Skills Program; Supervisory Skills Training Pro- 
gram; Educational Assistance Tuition Refund; 
Media Ser\'ices Assistance. 

The Equal Opportunity Senices Division is re- 
sponsible for providing leadership for the State's 
Equal Employment and .AiTirmative Action Pro- 
gram. Technical assistance for affirmati\'e action 
planning and implementation is provided to State 
and local go\emment agencies, and their affir- 
mative act'on plans and programs are monitored 
on a regular basis. Specialized programs and 
services offered to meet the special and unique 
needs of protected groups, enhance their re- 
tention and promotabUity and to sensitize man- 
agers to EEO, AA related issues include: .Model 



444 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



Cooperative Education Program; Affirmative 
Action Skills Bank; yVfTirmative Action Outreach 
Program; Positive Emphasis Program; Upward 
Mobility Program. 

The Position Management Division has the 
primary responsibility of establishing and main- 
taining the State's Position Classification and Pay 
Plan for approximately 79,000 positions subject 
to the State Personnel Act. This division also 
has a significant rcsponsibihty to 140 local gov- 
ernmental jurisdictions in reviewing and approv- 
ing pay plans for positions in those jurisdictions. 
Another duty of this division is the conducting 
of comprehensive salary and benefits surveys to 
assure that State Government salary levels are 
adequate to attract and retain competent em- 
ployees. It also assists in developing and ap- 
proving recommendations for substantially 
equivalent separate systems for local goverrmient 
jurisdictions. 

The Workforce Resources Division administers 
pohcies guiding recruitment and selection for 
SPA positions and those subject to the Federal 
Standards for a Merit System of Personnel Ad- 
ministration. The division also provides assist- 
ance to agencies in particular areas of recruitment 
needs and carries out recruitment goals advanta- 
geous to State government as a whole. Some 
programs and ser\ices offered by this division are: 
Temporal^' Solutions; Careers in Government 
Counseling and Career Support Services; Work 
Options. Reduction in force and priority re- 
employment policies are administered in this di- 
vision. Other functions include acting as haison 
and coordinator on major policy matters relating 
to the State Local Government relationship un- 
der the State Personnel Act, and in the inter- 
change of personnel loaned from one 
governmental level to another due to an agency's 
need for special skills and knowledges not avail- 
able within the organization. 

STATE OF NORTH CAROLFS A OFFICE 
OF AD.MIMSTRATFV E HEARINGS 

The Office of Admini5trati\e Hearings (OAH) 
is an independent, quasi-judicial agency. It is 
one of the twenty-five administrative depart- 
ments of state goverrmient authorized by Article 
III, Section 11 of the North Carolina Constitu- 
tion. 

The purpose of this agency is to establish and 
carry out a uniform system of administrative 
rulemaking and adjudicator)' procedures for state 
agencies thereby ensuring that the functions of 



rulemaking, investigation, advocacy and adjudi- 
cation are not all performed by the same group, 
staff or agency in the administrative process. 

ITie mission of this agency is carried out 
through five groups within the Office: 

(1) The Adjudicative Staff - consists of the 
Chief Administrative Law Judge, who is 
also the Director of the agency, and Ad- 
ministrative Law Judges responsible for 
conducting hearings on various grievable 
issues covered by administrative law. 

The Deputy Director is responsible to the 
Director for all functions of the agency 
except adjudications. 

(2) The Hearings Staff - administers the con- 
tested case hearing provisions, the proc- 
essing of cases and the collection, coding 
and tabulation of data related to cases. 



(3) 



The Rules Publication Staff - performs 
administrative and technical work in the 
compilation, production and publication 
of the North Carolina Register and the 
North Carolina Administrative Code. 



The Director of A PA Services is responsible 
for the operations of the Hearings Staff, 
the Rules Publication Staff and all com- 
puter systems. 

(4) The Administrative Staff - performs 
ministerial activities involved in personnel, 
purchasing, payroll, budget and pubhc re- 
lations. 

(5) The Civil Rights Division - conducts in- 
vestigations and seeks resolutions of dis- 
crimination cases deferred by the Equal 
Employment Opportunities Commission. 

The public may obtain information about and 
make submissions or requests to the Office of 
Administrative Hearings in person at 424 North 
Blount Street, Raleigh, North Carolina, by mail 
at Post Office Drawer 11666, Raleigh, N. C, 
27604, and by telephone as foUows: 

Administrative Staff 
(919) 733-2691 

Rules Publication Staff 
(919) 733-2678 



NORTH CAROLINA REGISTER 



445 



STA TEMENTS OF ORGANIZA TION 



Hearings Staff Civil Rights Division 

(919) 733-2698 (919) 733-0431 

The following agencies did not submit a Statement of Organization: Commerce; Council of State; 
Governor's Office; Insurance; Board of Chiropractic Examiners; Board of Registration for Foresters; 
Board of Hearing Aid Dealers and Fitters; Board of Landscape /Vrchitects; Registration Board of 
Landscape Contractors; Board of Osteopathic Examination and Registration; Board of Examiners of 
Plumbing and Heating Contractors; Board of Examiners for Speech, Language Pathologists and 
Audiologist. 



446 NORTH CAROLINA REGISTER 



PROPOSED RULES 



TITLE 1 - DEPARTMENT OF 
ADMINISTRATION 



A^. 



otlce is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Administration 
intends to adopt rules cited as I NCAC 21F .0101 
- .0102, .0201 - .0205, .0301 - .0304, .0401 - .0405, 
.050/ - .0504. 

1 he proposed effective date of this action is De- 
cember I, I9S8. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, 1 988 at Policy and Plan- 
ning Conference Room, Department of Adminis- 
tration, 5 th Floor, 116 West Jones Street, Raleigh, 
North Carolina 27603-8003. 



Co 



-omment Procedures: Any interested person 
may present his or her views and comments either 
in writing prior to or at the hearing or orally at the 
hearing. Any person may request information, 
permission to be heard or copies of the proposed 
regulations by writing or calling Becky Barbee, 
Department of Administration, 116 West Jones 
Street. Raleigh, North Carolina 27603-8003, 
(919) 733-7232. 

CHAPTER 21 - ADMIMSTRATIVE ANALYSIS 
DIVISION 

SUBCHAPTER 21 F - N.C. STATE EMPLOYEE 
SUGGESTION SYSTEM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE 

The North Carolina State Employee Suggestion 
System, hereinafter referred to as ESS, is a meri- 
torious service award program which provides for 
equitable compensation and/or recognition to 
state employees who develop and submit valid 
suggestions that are used by the state. 

The program is designed to stimulate creative 
and innovative thinking by state government 
employees, to foster a climate in state govern- 
ment which wiU motivate employees to submit 
their ideas and suggestions for improvement, to 
provide an impartial review and evaluation of 
employee suggestions by persons qualified to 
judge their merits, and to ensure that meritorious 
suggestions are appropriately rewarded and that 
appropriate recognition is given to the employee. 

As a productivity initiative in North Carolina 
State Government, the Suggestion System pro- 
motes efficiency and economy in state operations 
and services by increasing productivity, improv- 



ing work conditions, improving services to the 
public, identifying safety hazards, conserving en- 
ergy resources, eliminating all forms of waste and 
urmecessary expenditures and increasing em- 
ployee morale. 

Statutory Authority G.S. 143-340(1). 

.0102 DEFINITIONS 

For the purpose of this Subchapter, the follow- 
ing defmitions shall apply; 

(1) "Employee Suggestion System Office" 
means the office established in the Office of 
Administrative Analysis (OAA). OAA, 
charged with the responsibility for ESS's 
daily operations, provides staff support and 
maintains its central files and records. 

(2) "Executive Secretary" means the individual 
appointed by the Secretary of Adminis- 
tration to administer ESS. 

(3) "Administrative Officer" means the indi- 
vidual appointed by the Executive Secretary 
to supervise the daily operations of the ESS. 

(4) "Department's Suggestion System Coordi- 
nator" means the individual serving as hai- 
son between a principal state department or 
a state university and the ESS Office. Act- 
ing for the university or department head, 
he/she coordinates the department's or uni- 
versity's responsibihties for the operation of 
the program. 

(5) "Advisory Committee" means the com- 
mittee that is responsible for advising, re- 
commending, and reacting to needed 
changes to ESS policies and procedures, as- 
sisting in the determination of the general 
direction in which the program should 
move, assisting in determining ways to better 
promote participation in the program by all 
areas of the government and providing a fo- 
rum to aUow adoptable suggestions to be 
exchanged across departmental lines. 

(6) "Evaluation Eorm" is the form used to 
evaluate an adopted suggestion's impact on 
various factors when the adopted suggestion 
results in tangible benefits to the state. The 
form, developed and approved by the ESS 
Office, is the only document to be used for 
this purpose. The document may be re- 
produced by agencies as required. 

Statutory Authority G.S. 143-340(1). 

SECTION .0200 - ELIGIBILITY 

REQUIREMENTS: EMPLOYEE ELIGIBILITY: 

SUGGESTION ELIGIBILITY AND SUGGESTER 

ELIGIBILITY 

.0201 FULL TIME EMPLOYEES 



NORTH CAROLINA REGISTER 



447 



PROPOSED RULES 



Any state employee who is a contributing 
member of one of the followmg retirement pro- 
grams is eligible to participate in the ESS: 

(1) Teachers' and State Employees' Retirement 
System. 

(2) Law Enforcement Officers Benefit and Re- 
tirement Fund. 

(3) L nifonn Judicial Retirement System. 

(4) Lniform Clerks of Superior Court Retire- 
ment System. 

(5) Uniform Solicitorial Retirement System. 

(6) Optional Retirement Program. 

Stalulory Authority G.S. 143-340(1). 

.0202 P.\R T TIME .\ND TEMPOR.\RY 
EMIMO'iEKS 

Part-time and temporary state employees not 
eligible for one of the retirement programs are 
eligible to participate in the ESS. 

Statutory Authority G.S. 143-340(1). 

.0203 SLGGESTION El.lGIBII ITY 

Any suggestion from any employee which is 
useful, practical, constructive and is of benefit to 
the state is eligible for review by the ESS except 
as detailed m this Rule: 

(1) To be eligible for re\iew, a suggestion must 
be legibly written on an olTicial suggestion 
form, propose a specific method of imple- 
mentation, and must be signed and dated by 
the originator. 

(2) If the same suggestion is submitted by two 
or more persons separately, the first sug- 
gestion recei\ed by the ESS Office is eligible 
for review. 

(3) In the event that a suggestion is evaluated 
and approved for implementation and it is 
then disco\ered that the suggestion is sub- 
stantially sirmlar to another suggestion 
which was previously disapproved but still 
classified as being "active", special evalu- 
ation procedures will be followed. The ex- 
ecutive secretary shall appoint a committee 
to be con\ened by the ESS Administrator 
consisting of at least three members of the 
ESS Departmental Coordinators [including 
representative(s) from the implementing 
department(s)|. The committee will con- 
sider the following criteria and make a re- 
commendation to the ESS Executive 
Secretary concerning an appropriate award: 

(a) The detennination shall be made as to 
whether the second suggestion is in fact a 
duplicate. 

(b) The determination sh;ill be made as to 
which suggestion was most responsible for 



prompting activity on the part of man- 
agement to implement the suggestion. 
The suggestion responsible for improve- 
ments may be recommended for an 
award. 
(c) Where evidence does not clearly indicate 
which suggestion prompted impro\'e- 
ments, the committee may recommend a 
shared award. 

(4) A suggestion must stimulate activity on the 
part of management. 

(5) .Any suggestion which duplicates another 
suggestion eligible for consideration or for 
which an award has been previously granted 
is ineligible. 

(6) Suggestions which concern matters which 
are actively being considered by super\ision 
or management are ineligible. 

(7) Suggestions which in\-olve routine mainte- 
nance matters or requests for supplies and 
ser\'ices that should be reported through es- 
tabhshed channels are ineligible. 

(8) Suggestions which propose changes in 
taxes or fees which are legislatively estab- 
lished are ineligible. 

(9) Personal grievances and complaints are 
ineligible. 

(10) Suggestions concerning employee com- 
pensation and indi%idual position classifica- 
tions are ineligible. 

(11) Suggestions which propose unclear or 
non-specific methods are ineligible. 

(12) Suggestions which propose following es- 
tablished procedures are ineligible. 

(13) The active life of a valid suggestion shall 
be one year. 

(14) A suggestion can stUl be adopted even 
though the suggester is ineligible for an 
award. 

Statutory Authority G.S. 143-340(1). 

.0204 SUGGESTER ELIGIBILITY 

(a) Employees are not eligible who submit 
suggestions that: 

(1) Arc a result of assigned or contracted au- 
dits, studies, surveys, projects, reviews or 
research, or 

(2) Would normally be expected in the per- 
formance of their job duties and respon- 
sibilities and assigned tasks. This would 
include tasks assigned in their written job 
descriptions from OSP as well as their 
work descriptions, and tasks for which 
they have the authority to change the 
manner in which they are carried out. 

(b) Super\isory personnel are not eligible to 
receive an award for a suggestion pertaining to 



448 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



their work unit. The supervisory employee is 
eligible to receive an award for a suggestion that 
pertains to work units other than his/her own 
unit. 

(c) Employees who have the authority to in- 
dependently implement an idea, whether or not 
it is part of their assigned duties, are ineligible. 

(d) Employees who submit suggestions that are 
a result of any formal departmental employee- 
participation or incentive programs are ineligible 
for a monetary award except as the suggestion 
has application to units other than the employ- 
ee's unit. 

(e) Employees serving on any department sug- 
gestion system committee, sub-committee or ad 
hoc committee are not eligible to become in- 
volved with the decision to adopt their sug- 
gestions. 

Statutory Authority G.S. 143-340(1). 

.0205 RKSPONSIBILITY OF EXECUTIVE 
SECRETARY 

The Executive Secretary is responsible for and 
ensures compliance with the rules regarding the 
fmal determination of employees' cligibLLity, sug- 
gestion eligibility and suggester eligibility. 

Statutory Authority G.S. 143-340(1). 

SECTION .0300 - TYPES OF A\V.\RDS: 

MONETARY: NON-MONETARY AND SPECIAL 

AWARDS 

.0301 GENERAL PROVISIONS 

(a) Once a suggestion has been approved for 
adoption by one or more agencies, an assessment 
will be made as to whether a monetary or a 
non-monetary award is to be granted. 

(b) Once awarded, all suggestions (monetar>' 
or non-monetary) become the property of the 
state. The suggester remains eligible for an award 
(monetary or non-monetar>') for one year from 
the date on the letter from ESS indicating it will 
be adopted. At the end of this one-year period, 
the state is no longer liable for any awards. 

Statutory Authority G.S. 143-340(1). 

.0302 MONETARY AWARDS 

(a) When an adopted suggestion results in 
monetary savings to the state, a monetar)' award 
will be granted the suggester provided that both 
the suggester and suggestion are eligible. 

(b) The amount of money awarded for a sug- 
gestion shall be 25 percent of the net annual 
savings resulting from the first year of imple- 
mentation. The amount awarded shall be at least 
one hundred dollars ($100.00) and not more than 



five thousand dollars ($5,000.00) (see table in this 
Rule). When the amount of net annual savings 
is less than five hundred dollars ($500.00) but 
more than one hundred dollars ($100.00), the 
employee may opt to receive one day of leave in 
lieu of a cash award. On suggestions where it is 
anticipated that net annual savings will be less 
than one hundred dollars ($100.00), no monetary 
award will be made. 

Classification of Monetary Awards 



Amount of Net 
Annual Savings 
Less than $100 
$100 to $500 

$501 to $19,999 
$20,000 or more 



Cash Award 

None 
either 25% or 
1 day of leave 

25% 
$5,000 



Recognition 
Certificate 
Certificate 
Certificate 
Certificate 

(c) Each implementing agency will be respon- 
sible for the payment of cash awards when the 
awards become due, and may elect to pay in one 
of the following ways: 

(1) The cash award may be paid to the sug- 
gester in a single lump sum payment after 
the suggestion has been in etTect for 12 
months. 

(2) A lump sum may be paid at any time prior 
to 1 2 months provided that the full impact 
of the suggestion has been realized and the 
total savings value of the suggestion has 
reached twenty thousand dollars 
($20,000.00) and can be documented. 

(3) A partial payment may be granted the 
suggester at the discretion of the imple- 
menting agency with approval of the Ex- 
ecutive Secretary. The remainder of the 
cash award will be paid in a lump sum 
payment when total savings are docu- 
mented. 

(d) Wlien a suggestion is implemented by more 
than one agency within one year following the 
date of the ESS letter indicating that the sug- 
gestion will be adopted, a pro rata share is deter- 
mined by the Executive Secretary. Where the 
suggestion is implemented in a receipt supported 
agency the award shaU be paid by the imple- 
menting agency subject to reimbursement on a 
pro rata basis by the major users. If the user fees 
are paid by other than state agencies, the award 
shall be paid by the implementing agency. 



NORTH CAROLINA REGISTER 



449 



PROPOSED RULES 



(e) If one agency implements a suggestion that 
results in documented first-year savings, the 
agency will pay the award. If any other agency 
or agencies subsequently adopt the suggestion 
within one year of the letter from ESS notifying 
the suggester that the suggestion is being adopted 
by the first agency, an additional award will be 
made to the suggester based on additional first- 
year documented savings and the percentages re- 
ferenced in Rule .0302(b). 

(f) The amount of award for a suggestion made 
by a group of employees will be divided equally 
among the group. 

(g) If cash is awarded to duplicate suggestions 
that are received by the ESS Office on the same 
day, the amount will be divided equally between 
those duplicate suggestions. 

Statutory Authority G.S. 143-340(1). 

.0303 NON-MONETARY .AWARDS 

(a) When an adopted suggestion results in in- 
tangible benefits to the state, a non-monetary 
award will be granted the employee. 

(b) Non-monetary awards shall be based on an 
accumulation of points awarded for the degree 
of suggestion impact on vanous factors. The 
evaluation fonn is used for this purpose. The 
table in this Rule outlines the level of non-mon- 
etary awards. 

Non- Monetary /\ wards 



Points 




Recotmition 


25 or less 




Certificate 


26-50 




Certificate 


51-75 




Certificate 


76-105 




Certificate 




Davs 


of Leave 



None 
1 day 

2 days 

3 days 

(c) .\ny leave awarded for a suggestion made 
by a group of employees will be divided equally 
among the group. 

(d) If leave is awarded to duplicate suggestions 
that are received by the E.SS Office on the same 
day, the amount will be divided equally between 
those duplicate suggestions. 

(e) All leave awarded shall be in addition to 
regular leave earnings, and a separate record 
should be maintained by the employee's depart- 
ment. If the leave is not taken within 12 months 
following the award, it shall be canceUed. No 
portion of this leave shaU be included in any ter- 
minal leave payment that would result in the to- 
tal being in excess of 240 hours. 



Statutory Authority G.S. 143-340(1). 

.0304 SPECIAL AWARDS 

(a) Upon recommendation by the affected de- 
partmental suggestion system coordinator and 
the Executive Secretary, the Secretary of Admin- 
istration may grant an appropriate award to an 
employee who would otherwise be considered 
ineligible when a submitted suggestion is so su- 
perior or meritorious as to have broad impact or 
large sa\Lngs and warrants special recognition. 
The type of award will depend upon circum- 
stances related to the suggestion. 

(b) If an employee makes a suggestion in- 
formally or outside the Suggestion System and 
the suggestion is subsequently implemented 
through the employee's efforts or by others, the 
employee must submit the suggestion in writing 
on the proper form within one year from the date 
implementation begins to be considered for an 
award. No other person in the employee's im- 
mediate work area or functional organization 
may knowingly misrepresent himself or herself 
through Suggestion System channels as the orig- 
inator of the suggestion. The type of award will 
be granted according to the policy for monetary 
and non-monetary awards. 

Statutory Authority G.S. 143-340(1). 

SECTION .0400 - PROTECTION CRITERIA: 
EMPLOYEE PROTECTION 

.0401 EMPLOYMENT STATIS 

(a) An employee's rights to an award will be 
estabhshed based on employment status at the 
time the suggestion is submitted and will be pro- 
tected for one year from the date of submission 
or until date of fmal disposition if longer than 
one year. 

(b) Former state employees will remain eligible 
for an award if the state uses the suggestion 
within one year from date of submission or until 
date of fmal disposition if longer than one year. 

(c) If a suggestion is not adopted for reasons 
other than ineligibility, it will be active for one 
year from the date of submission or until date of 
final disposition if longer than one year; to retain 
eligibility the employee must resubmit the sug- 
gestion prior to the expiration of the one-year 
eligibihty period. 

Statutory Authority G.S. 143-340(1). 

.0402 ADMINISTRATIVE REVIEW 

If a suggester disagrees with the disposition of 
his/her suggestion for any reason or disagrees as 
to his/her eligibility for an award, il' the sug- 



450 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



gcstion has been adopted, the suggester is en- 
couraged to pursue a resolution of the 
disagreement through DOA's informal settlement 
process. Except for decisions pending formal 
review pursuant to G.S. 150B, the decisions is- 
sued by ESS shall be fmal and conclusive as to 
persons entitled to an award and the nature and 
cash amount of such award, if any. 

Statutory Authority G.S. 143-340(1). 

.0403 DISCRIMINATION 

The Employee Suggestion System will refrain 
from any practice which discriminates against the 
suggester on the basis of age, race, reUgion, color, 
national origin, sex, or handicapped condition, 
etc. 

Statutory Authority G.S. 143-340(1). 

.0404 TAXES 

State and Federal tax laws require the with- 
holding of state and federal taxes from awards. 

Statutory Authority G.S. 143-340(1). 

.0405 FILE REVIEW AND COPY 

A suggester may review in full the documenta- 
tion related to his/her evaluation. Further, a 
copy may be obtained from the Suggestion Sys- 
tem by request in writing and by payment for the 
cost per page of copying. 

Statutory Authority G.S. 143-340(1). 

SECTION .0500 - PROTECTION CRITERIA: 
STATE PROTECTION 

.0501 POLICY CHANGES 

Notice will be given to each state department 
and university by mail to the appropriate director 
(Secretary or Council of State, etc.) when the 
state changes any policies, structures or systems 
that affect the management of ESS. 

Statutory Authority G.S. 143-340(1). 

.0502 CLAIMS AGAINST THE STATE 

The use of employee suggestions by the state 
shall not be the basis of further claims of any 
kind by the suggester, the suggester's heirs or as- 
signs. 

Statutory Authority G.S. 143-340(1). 

.0503 TERMINATION RIGHTS 

The state retains the right to terminate ESS at 
any time without notice. 



Statutory Authority G.S. 143-340(1). 

.0504 USE OF IDEAS 

The state will have the right to use all sug- 
gestions for which an award is made. The state 
will also have the right to use suggestions which 
are ruled inehgible under the Suggestion System 
pohcies, as well as those suggestions where the 
suggester is ineligible. 

Statutory Authority G.S. 143-340(1). 

TITLE 2 - DEPARTMENT OF 
AGRICULTURE 



No 



otice is hereby given in accordance with G.S. 
J SOB- J 2 that the N.C. Board of Agriculture in- 
tends to adopt rules cited as 2 NCAC 48 A .1501 
- .I50S: 2 NCAC 48C .0026 amend rules cited as 
2 NCAC 20B .0104(d). (e); 2 NCAC 38 
.0301(2), .0401, .0701(1). (2), .0704; 2 NCAC 
48C .0002(2), (o), .0005(6), .0023(e), (f). 

1 he proposed effective date of this action is De- 
cember I, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14. 1988 at Board Room, Ag- 
riculture Bldg., I IV. Edenton St., Raleigh, N.C. 

O omment Procedures.' Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to David S. McLeod, Secretary 
of the North Carolina Board of Agriculture, P.O. 
Box 27647. Raleigh, NC 27611. 



CHAPTER 20 



THE NORTH CAROLINA STATE 
FAIR 



SUBCHAPTER 20B - REGULATIONS OF THE 
STATE FAIR 

SECTION .0100 - GENERAL PROVISIONS 

.0104 ADMISSION REGULATIONS 

(d) The following oohodulo ef outsido Outside 
gate admission prices ohall be ift ofTect during A# 
period ef tj^ fetf ef as indicatod: are as follows: 

(1) adult/child, 13 years of age and over 

^.U^m $4.00 

(2) child, 6 through 12 years of age 

$1.00 

(3) senior citin e ns, citizen, 65 and over 
Free 

(4) child, under 6 years of age 

Free 



NORTH CAROLINA REGISTER 



451 



PROPOSED RULES 



(c) Outside .gate admission prices for advance 
ticket sales are as follows: 

( 1 ) adult child, 13 years of age and over 

$3.50 

(2) child, 6 through 12 years of age 

$1.00 

(3) senior citizen, 65 and over 
Free 

(4) child, under 6 vears of age 

Free 

(5) adult group sales purchasing a minimum 
ot^ 50 tickets 
$3.25 

Statutory Authority G.S. 106-503. 

CHAPTER 38 - ST.\NDARDS DIVISION 

SECTION .0300 - PACKAGE AND LABELING 
REQUIREMENTS 

.0301 ADOPTION BV REFERENCE 

The following are adopted by reference in ac- 
cordance with G.S. I50B-I4(c) as standards for 
packaging and labeling and for determining 
compliance of packaged goods with net contents 
labeling requirements: 
(2) National Bureau of Standards, Handbook 
133, Sooond Fdition "Checking the Net 
Contents of Packaged Goods". 

Statuton- Authority G.S. SIA-4: 1 SOB- 14. 

SECTION .0400 - METHOD OF SALE OF 
COMMODITIES 

.0401 ADOPTION BV REFERENCE 

The board hereby adopts by reference in ac- 
cordance with G.S. 1 508- 14(c) the National Bu- 
reau of Standards, Handbook 130, "Method of 
Sale of Commodities Regulation" with the fol- 
lowing additions and exceptions: to A^ 1087 
"Method ©f Sail* ef Commoditioo Regulation": 

(1) Delete Section 1.2., "Bread", since this is 
addressed in General Statute 81A-41. 

(2) The preferred method for measuring fire- 
place and stove wood is by the cord or frac- 
tional parts of a cord, however, nothing in 
Section 2.3, "Fireplace and Stove Wood", 
shall be construed as preventing the pur- 
chaser and seller of fixeplace or stove wood 
from agreeing on a quantity other than a 
cord or fractional parts of a cord. 

(3) Sections 2.9., 2.11., 2.19., 4., and 5. are de- 
leted. 

(4) Section 2.18 applies only to kerosene sold 
in a container or kerosene sold through a 
retail device. In addition, a container or a 



device shall clearly and conspicuously indi- 
cate for 1-K kerosene "SUITABLE FOR 
USE IN UNVENTED HEATERS ' and for 
2-K kerosene "MAY NOT BE SUITABLE 
FOR USE IN UNVENTED HEATERS". 
(5) In Section 2.20., the temperature compen- 
sation requirements are not mandatory. 
However, if a company elects to sell lique- 
fied petroleum gas on a temperature com- 
pensated basis, then all meters in the truck 
fleet must be equipped with an activated 
automatic temperature compensator which 
will remain in continuous operation for a 
period of not less than one year. 
Copies of National Bureau of Standards, 
Handbook 130, ".Method of Sale of Commod- 
ities Regulation" are available for inspection in 
the Office of the Director of the Standards Divi- 
sion and may be obtained at a cost as determined 
by the publisher by contacting Superintendent 
of Documents, U.S. Government Printing Office, 
Washington, D.C. 20402. 

Statutory Authority G.S. 8IA-4; I50B-I4. 

SECTION .0700 - STANDARDS FOR STORAGE: 
HANDLING AND INSTALLATION OF LP GAS 

.0701 ADOPTION BV REFERENCE 

The following are adopted by reference, in ac- 
cordance with G.S. 150B- 14(c), as standards for 
storage, handling and installation of liquefied pe- 
troleum gas: 
(1) National Fire Protection Association, 
Pamphlet No. 58, 4-a8^ edition. "Storage 
and Handling of Liquefied Petroleum 
Gases," with the foOowing additions and 
exceptions: 

(a) When two or more containers are mani- 
folded to a single ser\'ice, each container 
shall be considered independent of the 
other and all rules and regulations relating 
to a single container shall apply; 

(b) All cut-off valves and regulating equip- 
ment exposed to rain, sleet, or snow shall 
be protected against such elements either 
by design or by a hood; 

(c) "Firm Foundation" as used in Chapter 3 
of Pamphlet 58 means that the foundation 
material has a level top surface, rests on 
solid ground, is constructed of a masonry 
material or wood treated to prevent decay 
by moisture rot and will not settle, careen 
or deteriorate; 

(d) No person shall use liquefied petroleum 
gas as a source of pressure in lieu of 
compressed air in spray guns or other 
pressure operated equipment; and 



452 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) Piping, tubing or regulators shall be con- 
sidered well supported when they are rig- 
idly fastened in their intended position. 
(2) National Fire Protection Association, 
Pamphlet No. 54, ¥)M odition, "National 
Fuel Gas Code," with the addition that un- 
derground ser\'ice piping shall rise above 
ground immediately before entering a build- 
ing. 

Statutory Authority G.S. 119-55; I50B-14. 

.0704 APPROVED THIRD PARTY TESTING 
LABORATORIES 

In accordance with G.S. 119-58(a)(l), 0*^ fol- 
lowing third party testing laboratories accredited 
by the North Carolina Building Code Council 
are accepted for approving gas appliances that are 
designed or built for domestic use. as long as 
sai4 laboratorit's continuo to be aocroditod by the 
North Carolina Building Codo Council: Gas 
Appliance Laboratorioo, Inc., fees jVngoloo, Coli 
fornia. 

Statutory Authority G.S. 1 19-58. 

CHAPTER 48 - PI .\NT INDUSTRY 

SUBCHAPTER 48A - PLANT PROTECTION 

SECTION .1500 - GYPSY MOTH 

.1501 DEFINITIONS 

For the purposes of this Section, the following 
shall apply: 

(1) Associated Equipment. Articles associated 
with mobUe homes and recreational vehicles, 
such as, but not limited to, awnings, tents, 
outdoor furniture, trailer blocks, and trailer 
skirts; 

(2) Certificate. A document issued or au- 
thorized to be issued by an inspector to al- 
low the movement of regulated articles to 
any destination; 

(3) Compliance Agreement. A written agree- 
ment between a person engaged in growing, 
handling, or moving regulated articles, and 
the North Carolina Department of Agricul- 
ture, Plant Industry Division, wherein the 
former agrees to comply with the require- 
ments of the compliance agreement; 

(4) Exemptions. Conditions contained in 
these Regulations which provide for modifi- 
cations in conditions of movement of regu- 
lated articles from regulated areas under 
specified conditions; 

(5) Hazardous Recreational Vehicle Site. Any 
site where a recreational vehicle is, or may 



be parked, and it is determined in the pro- 
fessional judgment of an inspector that such 
site harbors populations of gypsy moth that 
could be spread by movement of recre- 
ational vehicles or associated equipment; 

(6) Infestation: 

(a) The presence of gypsy moths based on the 
trapping of male moths in such a pattern 
which indicates the estabhshment of a re- 
producing population; or 

(b) The detection of any other life stage of the 
gypsy moth through visual inspection in 
a sufficient population to present a regu- 
lator}' hazard; however, it does not include 
the presence of Ufe stages of gypsy moth 
not estabhshed in the wild which are 
found as a result of hitchhiking on transi- 
tory means of conveyance; 

(7) Inspector. Any authorized employee of 
the North CaroUna Department of Agricul- 
ture, Plant Industry Division, or any other 
person authorized by the Commissioner of 
Agriculture to enforce the provisions of this 
quarantine; 

(8) Mobile Home. Any vehicle, other than a 
recreational vehicle, designed to serve, when 
parked, as a dwelling or place of business; 

(9) Pennit. A document issued or authorized 
to be issued by an inspector to allow the 
movement of noncertified regulated articles 
to a specified destination for particular han- 
dling, utilization, or processing, or for treat- 
ment; 

(10) Gypsy Moth. The live insect, Lymantria 
dispar Lirmaeus, in any life stage (egg, larva, 
pupa, adult); 

(11) Recreational Vehicles. Highway vehicles, 
including pickup truck campers, one-piece 
motor homes, and travel trailers, designed to 
serve as a temporary place of dwelling; 

(12) Regulated Areas. Any counties or parts 
of counties in the State of North Carolina 
listed or provided for in these rules; 

(13) Outdoor Household Articles. Articles as- 
sociated with a household that have been 
kept outside the home such as outdoor fur- 
niture, barbecue grills, dog houses, boats, 
hauling trailers, garden tools, tents, and 
awnings; 

(14) Scientific Permit. A document issued by 
the North Carolina Department of Agiicul- 
ture. Plant Industry Division to authorize 
the movement of regulated articles to a spe- 
cified destination for scientific purposes. 

Statutory Authority G.S. 106-420. 

.1502 REGULATED ARTICLES 



NORTH CAROUNA REGISTER 



453 



PROPOSED RULES 



The following articles are regulated under the 
provisions of this Section: 

(1) the g\'psy moth (Lymantria dispar Lin- 
naeus) in any living stage of development; 

(2) trees with roots, and shrubs with roots and 
persistent woody stems, except if greenhouse 
grown tlu-oughout the year; 

(3) logs and pulpwood, except if moved to a 
mill operating under a compliance agree- 
ment; 

(4) firewood (unless mo\ed as an outdoor 
household article); 

(5) mobile homes and associated equipment; 

(6) recreational vehicles and associated equip- 
ment (unless moving as an outdoor house- 
hold article), moving from hazardous 
recreational vehicle sites and the person in 
charge of the site has been notified; 

(7) cut Christmas trees or trees without roots; 

(8) any other products, articles, or means of 
con\'eyance, of any character whatsoever, 
when it is determined by an inspector that 
any life stage of gypsy moth is in proximity 
to such articles and the articles present a 
high risk of artificial spread of gypsy moth 
infestation and the person in possession 
thereof has been so notified. 

Statuton' Authority G.S. 106-420. 

.1503 KF.Gl LAIKD ARF.AS 

The following areas are regulated areas under 
the proNisions of this Section: 

(1) any area outlined in 7 C.F.R. §301.45; 

(2) Currituck - The entire county; 

(3) that area of Dare County east of Currituck 
Sound and north of state road 1208 (Kitty 
Hawk Road) to Currituck County line; 

(4) other areas - An\' other areas in the State 
of North Carolina now known or hereafter 
found infested with gypsy moth, such other 
areas to become immediately subject to 
these rules when the property owner or his 
agent is notified by the Plant Pest Adminis- 
trator througli direct written notice to those 
concerned. Such newly infested areas shall 
be presented at least one time annually to 
the Board of Agriculture when said board 
can rescind or confirm such regulated areas. 

Statutory Authority G.S. 106-420. 

.1504 CONDITIONS GOVERNING THE 
MO\ FMENT OF REGULATED 
ARIICLES 

The following conditions go\em the mo\ement 
of regulated articles: 



(1) Certificate or permit - Unless e.xempted, a 
certificate or permit must accompany the 
movement of regulated articles from any re- 
gulated area into or through any pomt out- 
side thereof Regulated articles originating 
outside of a regulated area may be moved 
without a certificate or permit if the point 
of origin is clearly indicated on the shipping 
document accompanying the regulated arti- 
cles provided, in the case of articles moved 
through a regulated area, the regulated arti- 
cles are protected from infestation, while 
within regulated areas, to the satisfaction of 
an inspector; 

(2) Issuance of certificates - Certificates may 
be issued by an authorized inspector for 
movement of regulated articles under any of 
the following conditions: 

(a) In the judgement of the inspector, they 
have not been exposed to infestations; 

(b) They have been examined by the inspector 
and found to be free of g>'psy moth; 

(c) They have been treated to destroy gypsy 
moth under the direction of the inspector 
and according to methods selected by him 
from administratively authorized proce- 
dures known to be effective under the 
conditions in which applied; 

(d) Grown, produced, manufactured, stored, 
or handled in such manner that, in the 
judgement of the inspector, gypsy moth 
would not be transmitted by movement 
of the article. 

(3) Issuance of permits - Permits may be is- 
sued by an authorized inspector for the 
mo\ement of noncertified regulated articles 
to specified destinations under conditions 
specified for limited handling, use, process- 
ing, or treatment; 

(4) Federal certificates or permits - Federal 
certificates or pemiits can be used on all re- 
gulated articles interchangeably with North 
Carolina Department of Agriculture, Plant 
Industry Division Certificates; 

(5) Use of certificates or permits with ship- 
ments - Ail regulated articles are required to 
have a certificate or permit attached when 
offered for mo\'ement. If a certificate or 
permit is attached to the invoice or waybill, 
the attachment of a certificate or permit to 
the regulated article will not be required. 
Certificates or pemiits attached to the in- 
voice, waybill, or other shipping document, 
shall oe given by the carrier to the consignee 
at the destination of the shipment, or to an 
inspector when requested; 

(6) Assembly of articles for inspection - Per- 
sons (other than those authorized to issue 



454 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



certificates or permits), who desire to move 
interstate or intrastate any regulated articles 
which must be accompanied by a certificate 
or permit shall, as far in advance as possible, 
(should be no less than 48 hours before the 
desired movement), request an inspector to 
examine the articles prior to movement. 
Such articles shall be assembled at such 
point and in such manner as the inspector 
designates to facilitate inspection. 

Statutory Authority G.S. 106-420. 

.1505 COMPIJ.WCE AGREEMFNT 

Any person engaged in the business of growing, 
handling, or moving regulated articles may enter 
into a compliance agreement to facilitate the 
movement of such articles. A compliance 
agreement shall specify safeguards necessary to 
prevent spread of the gypsy moth, such as di- 
sinfestation practices or application of chemical 
materials. 

Statutory Authority G.S. 106-420. 

.1506 CANCELLATION OF CERTIFIC.MES/ 

PERMITS/COMPLIANCE AGREEMENTS 

Any certificate, permit, or compliance agree- 
ment which has been issued or authorized may 
be cancelled by the inspector if he determines 
that the holder has not complied with conditions 
for their use. 

Statutory Authority G.S. 106-420. 

.1507 INSPECTION AND DISPOSAL OF 
REGLL.VTED ARTICLES 

Any properly identified inspector is authorized 
to stop and inspect, and to seize, destroy, or 
otherwise dispose of, or require disposal of regu- 
lated articles, outdoor household articles and 
gypsy moths as provided in the North Carolina 
Plant Pest I^w. 

Statutory Authority G.S. 106-420. 

.1508 SHIPMENT FOR SCIENTIFIC 
PURPOSES 

Any living stage of the gypsy moth may be 
moved intrastate only if such movement is made 
for scientific purposes under scientific permit 
from the North Carolina Department of Agri- 
culture, and in accordance with any conditions 
which may be required in the permit. The per- 
mit shall be securely attached to the outside of 
the shipping container. 

Statutory Authority G.S. 106-420. 



SUBCHAPTER 48C - SEEDS 

.0002 NOXIOUS SEED LIST 

The following seeds are classified as prohibited 
noxious or restricted noxious: 
(2) restricted noxious; 

(0) Pi^aggod Robin Cornflower- -Centaurea 
cyanus (known in North Carolina as 
RaRged Robin 27 seeds 

Statutory Authority G.S. 106-277.9; 106-277.15. 

.0005 PROHIBITED SALES 

The sale of any agricultural seed containing any 
of the foUowing are is prohibited; 

(6) over 27 wUd onion and/or wild garlic (in 
grasses and small seeded legumes), Bermuda 
grass, Canada thistle, bindweed, ragged Fe- 
biftr cornflower. Texas panicum or nutsedge 
seeds; 

Statutory Authority G.S. 106-277.9: 106-277.15. 

.0023 ANALYSIS FOR FARMERS OR 
SEEDMEN 

(e) Fees for in-state testing of tall fescue and 
other grass seeds and plant tissues for the pres- 
ence of fungal endophytes will be charged are as 
follows: 

(1) fifteen dollars ($15.00) per sample for seeds; 

(2) fifteen dollars ($15.00) per sample for plant 
tissue analysis; fof fungal ondoph;>-to pros 

(3) twenty-five dollars ($25.00) per sample for 
seeds which require seedling production, 
fof dotc'ction ef !*¥# fungal ondoph>t e . 

(f) Fees for out-of-state testing of taU fescue 
and other grass seeds and plant tissues for the 
presence of fungal endophytes are as follows: 

(1) thirty-five dollars ($35.00) per sample for 
seeds; 

(2) twenty-five dollars ($25.00) per sample for 
plant tissue analysis; 

(3) forty-live dollars ($45.00) per sample for 
seeds which require seedling production. 

Statutory Authority G.S. 106-277.15. 

.0026 GERMINATION TEST PERIOD 

The germination test period for hermetically 
sealed vegetable seed in containers of one pound 
or less shall be 24 months, exclusive of the cal- 
endar month in which the test was completed. 

Statutory Authority G.S. 106-277.9; 106-277.15. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



NORTH CAROLINA REGISTER 



455 



PROPOSED RULES 



No 



otice is hereby gh'en in accordance with G.S. 
J SOB- J 2 that the Medical Care Commission in- 
tends to adopt rules cited as 10 SCAC 3H .0514 
- .0517, and amend the rule cited as 10 XCAC 3H 
.0513. 



date of this action is 



1 he proposed effecti\-e 
January 1. 19SQ. 

1 he public hearing will be conducted at 9:30 
a.m. on September 16, 19SS at Hearing Room, 
701 Barbour Drive, Raleigh, .\C 2^603. 

(^ omment Procedures: Any interested person 
may present his;her comments in writing at least 
three days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes. Any 
person may request information by writing or 
calling Lynda McDaniel, Division of Facility Ser- 
vices, 701 Barbour Drhe, Raleigh. A'C 27603, 
(919) 733-2342. 

CHAF'TER 3 - FACILITY SERVICES 

SUBCHAPTER 3H - RLLES FOR THE 
LICENSING OF NLRSING HOMES 

SECTION .0500 - Nl RSING SERMCES 

.0513 ORIENTATION AND STAFF 
DENELOPMENT 

(a) A licensed facility shall provide for all pa- 
tient or resident care employees a planned orien- 
tation and continuing education program 
emphasizing patient or resident assessment and 
planning, activities of daily hving, personal 
grooming, rehabilitative nursing and or restora- 
tive care, other patient or resident care policies 
and procedures, patients' rights, and staff per- 
formance expectations. .Attendance and subject 
matter co\ered shall be documented for each 
session and available for licensure inspections. 

(b) The administrator shall assure that each 
employee is oriented within the tlrst week of 
employment to the facility's philosophy and 
goals. 

(c) Each employee shall have specific on-the- 
job training as necessarv' for the employee to 
properly perform his indi\'idual job assignment. 

f44 Fach nurr . OL" . aitk^ without e^w ycar'o o.spo 
ri t^ nc ^ i« » nur ' r . mg hom e r . otting who j* hired &» 
t*f after t+fee otTecti' i O drrt* erf tte nilo) te work m 
St facility -. hall havo r . uccJ i .' .' : ' fully complotud a 
nurf .e •. crt4e training program appro' i od by Ae 
ni' . i '. ion f4' bacility Sonicon (DIIR). tvf oh all efi- 
ft41 wi tfei* 6ft4 a' l uilublij appro'u'd traming pro 
gram which t* uchodulod te coinnionco within 00 
dav ' j ©f ttn* (iat^ erf t+w nurf ' O l i aido's employ 



^ 



ment. 44ie program mey b© of . tabliahed by A« 
facility ef by aft orgonkution ef educational ift- 
stitution. ibe training program sball conf i iot ©f 
at- li?a^ A<* following: 

f4-^ 30 hours ^ classroom instruction within 
90 day^ ef employment. At l^a^ 40 hours 
shall be giv e n before Ae nurse's aJ4e i* 
assigned dir e ct patient eaw duties. Tb« 
mstruction shall mclude tl=H» employee's 
duties, basic personal ease skills, r e stora 
te* care, patient safety aft4 rights, social 
Mi4 psychological asp e cts ef aging, inter 
action Vr4t4* families, importance »f activ 
itte* aft4 social senices, aft4 death aft4 
dying. 

40 hours ef oupor . iood training. Th e se 
hours shall consist erf aft appropriately 
supep i iwd work assignment i»i4 shall be- 
Sft ' ■ sithin tbe ftf^t- 00 days ef employ 
mont. ^fte 40 hours erf supen ised training 
shall be completed V i ithin tbe 6f*t- 4-30 
days ef employment. 
(4) Proof ©f successful completion ef training 
shaU be retained » the facility records, 
aft4 be available fof inspection. 

Statutory Authority G.S. 13 IE- 104. 

.0514 NLRSE AIDE QUALIFICATIONS 

(a) Effective October 1, 1989 a facility shall not 
use as a nurse aide, any individual not qualifying 
under the provisions of Rule .0515 unless the in- 
dividual is within the first four months after being 
hired. 

(b) Nurse aides qualified under the provisions 
of Rule .0515 who experience a period of 24 
consecutive months or more of not being actively 
employed in dehvering nursing services shall be 
considered unqualified. Qualification may be 
reestablished by successfully passing an approved 
competency evaluation. /Vny individual, nursing 
home, or education facility may offer department 
approved vocational education for nursmg home 
nurse aides. 

(c) An accurate record of nurse aide qualifica- 
tions shall be maintained for each nurse aide used 
by a facility and shall be retained in the general 
personnel fdes of the facility. 

Statutory Authority G.S. 131E-104. 

.0515 APPRONED NURSE AIDE EDUCATION 

(a) Effective Januar\' 1, 19S9 the curriculum 
content required for nurse aide education pro- 
grams shall be subject to approval by the Divi- 
sion of Facility Services and shall include, as a 
minimum, basic nursing skills, personal care 
skills, cosnitive, behavioral and social care, basic 



456 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



restorative services, and patients' rights. Suc- 
cessful course completion shall be determined by 
passing a competency evaluation test. The min- 
imum number of course hours shall be 75 of 
which at least 20 hours shall be classroom and 
at least 40 hours of supervised practical experi- 
ence. The initial orientation to the facility shall 
be exclusive of the 75-hour training program. 
Competency evaluation shall be conducted in 
each of the following areas: 

(1) Observation and documentation, 

(2) Basic nursing skills, 

(3) Personal care skills, 

(4) Mental health and social service needs, 

(5) Basic restorative services, 

(6) Residents' Rights. 

(b) Approval and continuing approval of nurse 
aide education programs shall be contingent 
upon maintenance of a two year history of sub- 
stantial compUance with licensure rules. 

Statutory Authority G.S. 13IE-I04. 

.0516 COMPETENCY EV.ALUATION 

(a) Successful course completion and skill 
competency shall be determined by competency 
evaluation approved by the department. 

(b) Commencing July 1, 1989, nurse aides who 
had formerly been fully qualified under nurse aide 
training requirements may re-establish their qua- 
lifications by successfully passing a competency 
evaluation test. 

Statutory Authority G.S. I3IE-I04. 

.0517 NORTH C.VROLINA NLRSE AIDE 
REGISTRY 

The function of the North Carolina Nurse Aide 
Registry is to maintain a central listing of regis- 
tered nurse aides. Effective January 1, 1990, a 
facility shall not permit an individual to work as 
a nurse aide for a period longer than four months 
without verifying the person's registry or suc- 
cessful completion of an approved training pro- 
gram. 



No 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the Commission for Mental Health, 
Mental Retardation and Substance Abuse Services 
intends to adopt rules cited as 10 NCAC I4B 
.0505-.0506 and I5A .060/-.0609. 

Ps otice is hereby given in accordance with G.S. 
1 508- 1 2 that the Director of the Di\'ision of Men- 
tal Health, Mental Retardation and Substance 
Abuse Services intends to adopt rules cited as 10 
NCAC I4B .0507-. 0508 and ISA .050 1 -.0504. 

1 he proposed effective dale of this action is De- 
cember I, /9SS. 

1 he public hearing will be conducted at 1 1:00 
a.m. on September 14, I9SS at Holiday Inn State 
Capitol, 320 Hillsborough Street. Raleit^h, NC 
27603. 



Co 



'Omment Procedures: Any interested person 
may present his! her comments by oral presentation 
or by submitting a written statement. Persons 
wishing to make oral presentations should contact: 
Jan Warren, Division of Mental Health. Mental 
Retardation and Substance Abuse Services, 325 
N. Salisbury Street, Raleigh, NC 27611, (919) 
733-7971 by Sept. 14, 1988. The hearing record 
will remain open for written comments from Aug. 
IS, 1988 through Sept. 14, 1988. Written com- 
ments must be sent to the above address and must 
state the rule(s) to which the comments are ad- 
dressed. Fiscal information on these rules is also 
a\'ailable from the same address. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14B - RULES OF PROCEDURE 

SECTION .0500 - WAIVER OF COMMISSION 
AND DIVISION DIRECTOR RULES 



Statutory Authority G.S. 1 31 E- 104. 



•k-^-k-k-k-k-k-k-k-k-k-k-k-k-kH-k-k 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Director of the Division of Men- 
tal Health. Mental Retardation and Substance 
A blue Services and Commission for Mental 
Health, Mental Retardation and Substance Abuse 
Setvices intends to adopt rules cited as 10 NCAC 
I4B .0S0I-.0504. 



.0501 PI RPOSE AND SCOPE 

The purpose of the rules in this Section is to 
specify the procedures for requesting and ruling 
on requests for waiver of rules adopted by the 
Commission for Mental Health, Mental Retar- 
dation and Substance Abuse Services and the 
Director of the Division of Mental Health, 
Mental Retardation and Substance Abuse Ser- 
vices, except for waivers from licensure rules 
which are granted by the Division of Facility 
Services. 



NORTH CAROLINA REGISTER 



457 



PROPOSED RULES 



Statuton Authority G.S. 1 22C-1 12(a)(8): 
l43B-l47(a)(S). 

.0502 RKQl ESTS FOR WAIVERS 

Requests for waivers shall be sent to the Agency 
Legal Specialist, Division of Mental Health, 
Mental Retardation, and Substance Abuse Ser- 
\ices, 325 North Salisbury Street, Raleigh, North 
Carolina 27611. 



Statutory Aiithoritv G.S. 
I43B-I47(a)(8). 



l22C-ll2(a)(8); 



.0503 CONTENTS OF WAIVER REQUESTS 

Waiver requests shall be in writing and shall 
contain: 

(1) the name, address and telephone number 
of the requester; 

(2j the name, address and telephone number 
of the facility, program, agency or other en- 
tity for which waiver is requested; 

(3) the rule number(s) and title(s) of the rule(s) 
for which vvahcr is being sought; 

(4) a statement of facts showing why the waiver 
has been requested with supportmg docu- 
ments as appropriate; and 

(5) proof of approval/recommendation for 
waiver requests and datc(s) such 
appro\als recommendations were given: 

(a) area program requcsis; proof of area 
board approval; 

(b) contract agency (of area programs) re- 
quests: proof of recommendation by area 
board and proof of contract agency gov- 
erning body approval; and 

(c) requests from private or public facilities 
not contracting with an area program: 
proof of go\eming body approval. 



Statutory Authority G.S. 
l43B-l47(a)(S). 



122C- 1 12(a)(8); 



.0504 ALTIIORITV TO GR.\NT WAIVER 

Upon receipt of a waiver request as described in 
Rule .0503 of this Section, the agency legal spe- 
cialist or his designee shall determine whether 
authority to grant waiver of the rule(s) lies with 
the commission or with the di\ision director and 
shall direct the waiver request to the commission 
or di\ision director within 10 days of receiving it. 



Statutory Authority G.S. 
I43B-I47(a)(8). 



122C-II2(a}(8); 



.0505 PROCEDl RE FOR WAIVERS 
BY COMMISSION 

If the rule for which wai\er is requested was 
adopted pursuant to the rule-making authority 



of the commission, the procedures set forth in 
this Rule shall be followed: 

(1) The chair of the commission shall refer the 
waiver request to the appropriate committee 
of the commission for the purpose of mak- 
ing a recommendation to all commission 
members regarding whether the waiver re- 
quest should be granted, granted subject to 
certain conditions, or denied. Such desig- 
nated committee members may request ad- 
ditional information, and consult with the 
division staff and other parties as necessary. 
Except for good cause and upon approval 
by the chair of the commission, such desig- 
nated committee members shall complete 
their evaluation of the waiver request within 
60 days from the date of receipt of the 
waiver request by the agency legal specialist. 

(2) Upon completion of the evaluation of the 
waiver request, as provided in (1) of this 
Rule, the chair of the commission shall be 
notified and the waiver request shall be 
placed on the agenda for the next regularly 
scheduled commission meeting. The re- 
quester shall be notified in writing regarding 
the time and place of the commission meet- 
ing at which the commission will vote upon 
the waiver request. At the discretion of the 
chair of the commission, the requester 
and;or any other interested person may be 
gi\en the opportunity to speak regarding the 
wai\er request. 

(3) The commission's decision shall be issued 
in writing by the chair of the commission 
and shall state the factual situation gi%ing 
rise to the waiver request and the reason 
why the waiver request was granted, granted 
subject to certain conditions, or denied. 

(4) The waiver may be granted retroactively to 
the date of governing body approval as de- 
scribed in Rule .0503(5) of this Section. 

Statutory Authority G.S. l43B-l47(a)(S). 

.0506 WAIVERS REQUESTED BY 
CO.MMISSION 

Any member of the commission may initiate a 
request for waiver of any rule(s) adopted pursu- 
ant to the rule-making authority of the commis- 
sion. Except in cases where the chair of the 
commission initiates such request, the procedures 
described in Rule .0505 of this Section shall be 
followed. In cases where the chair of the com- 
mission initiates such request, the procedures 
described in Rule .0505 of this Section shall, be 
followed, except that the vice-chair of the com- 
mission shall act in place of the chair of the 
commission. .Anv member of the commission 



458 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



may also initiate a request for waiver of rules 
adopted pursuant to the rule-making authority 
delegated to the division directory by the secre- 
tary as described in this Section. 

Statutory Authority G.S. I43B-I47(a)(8). 

.0507 PROCEDL RK FOR WAIVERS 
BY DIVrSION DIRECTOR 

If the rule for which waiver is requested was 
adopted pursuant to the rule-making authority 
delegated to the division director by the secretary, 
the procedures set forth in this Rule shall be fol- 
lowed; 

(1) Prior to issuing a decision on the waiver 
request, the division director may request 
additional information, and consult with 
appropriate division staff and other parties 
as necessary. 

(2) A decision regarding the waiver request 
shall be issued in writing by the division di- 
rector within 60 days from the date of receipt 
of the waiver request by the agency legal 
specialist and shall state the factual situation 
giving rise to the waiver request and the 
reasons why the request was granted, 
granted subject to certain conditions, or de- 
nied. 

(3) The waiver may be granted retroactively to 
the date of governing body approval as de- 
scribed in Rule .0503(5) of this Section. 

Statutory^ Authority G.S. I22C-1 12(a)(8). 

.0508 WAIVERS REQLESTED BY 
DIVISION DIRECTOR 

The division director may initiate and grant a 
waiver of any rule(s) adopted pursuant to the 
rule-making authority delegated to him by the 
secretary. Prior to issuing a decision on the 
waiver request, the division director shall consult 
with appropriate division staff and other parties 
as necessary. The division director shall docu- 
ment in writing the factual situation giving rise 
to the waiver request and the reason(s) for 
granting the waiver(s). The division director may 
also initiate a request for waiver of rules adopted 
pursuant to the rule-making authority of the 
commission as described in this Section. 

Statutory Authority G.S. 1 22C-I l2(a)(S). 
CHAPTER 15 - MENTAL HEALTH HOSPITALS 

SUBCHAPTER ISA - GENERAL RLLES FOR 
HOSPITALS 



SECTION .0500 - DESIGNATION OF 

RESEARCH FACILITIES IN REGIONAL 

PSYCIII.\TRIC HOSPITALS 

.0501 PURPOSE AND SCOPE 

The rules in this Section establish procedures 
by which a regional psychiatric hospital may be 
designated as a facihty where adults who arc not 
otherwise admissible as clients, because of an 
absence of mental illness, may be voluntary ad- 
mitted for the purposes of research. 

Statutory Authority G.S. I22C-1 12(b)(3); 
122C-210.2. 

.0502 APPLICATION 

(a) Application for designation shall be made 
to the Director of the Division of Mental Health, 
Mental Retardation and Substance Abuse Ser- 
vices, 325 N. Salisbury Street, Raleigh, North 
Carolina 2761 1. 

(b) The application for designation shall be in 
letter form and shall include the following: 

(1) name and address of facility; 

(2) description of the organization of research 
within the facility; 

(3) description of the types of research cur- 
rently conducted at the facihty; 

(4) description of the types of research for 
which designation is requested; 

(5) description of the conditions under which 
individuals, admitted under this designation, 
would be housed and maintained; 

(6) assurance of an active Human Rights 
Committee including its operating rules; and 

(7) description of the procedures by which the 
medical records and statistics would be 
maintained for the individuals who would 
be admitted under terms of G.S. 122C-210.2. 

Statutory Authority G.S. 1 22C-1 12(b)(3); 
122C-2I0.2. 

.0503 REVIEW PROCESS 

Upon receipt of the application and prior to 
granting designation, the division director shall 
evaluate the apphcation according to the follow- 
ing criteria: 

(1) consistency of the research, currently con- 
ducted and proposed, with division goals 
and priorities; 

(2) adequacy of procedures by which medical 
records and statistics would be maintained 
separate from those kept for regularly ad- 
mitted cUents; 

(3) existence of an active Human Riglits 
Committee with adequate operating rules 
wliich give the committee the authority to 



NORTH CAROLINA REGISTER 



459 



PROPOSED RULES 



monitor the care of individuals admitted for 

research; 
(4) adequacy of the facility's capacity to house 

and maintain persons admitted under this 

designation in a safe manner; and 
(5j any other criteria deemed relevant by the 

division director. 



ity for the conduct for the proposed re- 
search. 



Statutory Authority G. 
/22C-2/0.2. 



S. 122C-H2(b)(3); 



.0504 DESIGN.VTION 

(a) The division director shall notify the appli- 
cant of his decision in wnting within 60 days of 
receipt of a complete application. 

(b) Designation shall be for a specified period 
of time, not to exceed two years, and stated in the 
written decision. 

(c) The division director may terminate the 
designation upon finding that the facility no lon- 
ger meets the qualifications for designation or 
upon request by the facility director that desig- 
nation be terminated. 

Statutory Authoritv G.S. 122C-1 12(b)(3): 
122C-2I0.2. 

SECTION .0600 - \ OLLNT.ARV .\DMISSION OF 

.\DLLTS \MIO ARE NOT OTHERWISE 

ADMISSIBLE AS CLIENTS TO DES!GN.\TED 

RESEARCH FACILITIES IN REGIONAL 

PSVCHLVTRIC HOSPITALS 

.0601 PLRPOSE AND SCOPE 

The rules in this Section establish standard 
procedures and uniform criteria for voluntary 
admissions of adults to regional psychiatric hos- 
pitals designated as research facilities within the 
pro\isions of Part I of lAjticle 5 of Chapter 122C 
of the General Statutes. These individuals would 
not otherwise be admissible as clients under G.S. 
122C-21 1 because of an absence of mental illness. 
Their reason for being admitted is to ser\'e in 
appro\ed research projects. 



Statutory 
/22C-2/0.2. 



Authority G.S. 122C-1 12(b)(3); 



.0602 EXPLAN.\TION OF TERMS 

For the purposes of the rules in this Section the 
following terms shall have the meanings indi- 
cated: 

(1) 'Hospital" means one of the regional psy- 
chiatric hospitals of the division. 

(2) "Designated research facility" means a re- 
gional psychiatric hospital which has met 
the requirements of NCAC 15A, .0500. 

(3) "Principal investigator" means the person, 
or his designee, who has overall responsibU- 



Statutory Authority 
I22C-2I0.2. 



G.S. 122C-1 12(b)(3); 



.0603 APPLICATION FOR ADMISSION 

The application for admission to participate in 
a specific research program shall be in wntmg 
and signed by the individual requesting admission 
to a designated research facility. 

Statutory Authority G.S. I22C-1 12(b)(3); 
I22C-2I0.2. 

.0604 GENERAL CRITERIA FOR 
\ OLLNTARV ADMISSION 

(a) WTien an individual request admission to a 
designated research facility the admission staff 
shall determine from the principal investigator 
that admission to the hospital is for a specific re- 
search project, appro\'ed by the facility's Human 
Rights Committee and the designated Institu- 
tional Research Committee. 

(b) Upon admission to the designated research 
facility, the admission staff shall: 

(1) verify that the individual has been informed 
by the principal investigator of the nature 
of the procedures which will be employed 
as part of the research protocol; and 

(2) verify that the indi\idual has signed the in- 
formed consent form covering participation 
in the research project. 



Statutory A uthority 
I22C-2I0.2. 



G.S. 122C-ll2{b)(3); 



.0605 SPECIAL TRE.VTMENT 
CONSIDERATIONS 

(a) Individuals admitted under these rules shall 
have a documented examination by a physican 
within 24 hours of admission. 

(b) .-Vn individual admitted under these rules 
shall be exempt from the following requirements: 

(1) a single portal of entry and exit plan; 

(2) a riaht to treatment pursuant to G.S. 122C 
- 57(1); 

(3) a treatment plan pursuant to G.S. 122C - 
57(a); and 

(4) a discharee plan pursuant to G.S. 122C - 
61(2). 

Statutory .Authority G.S. 122C-I I2(bl(3); 
122C-210.2. 

.0606 RECORD KEEPING 

(a) A client record shall be maintained for each 
individual and shall include but not be limited to; 
(1) application for admission; 



4b0 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) signed informed consent form covering 
participation in the project; 

(3) physical examination and review of systems; 

(4) description of procedure performed; 

(5) special tests; 

(6) adverse reactions and incidents; and 

(7) termination summary. 

(b) A complete description of medications ad- 
ministered shall be placed in the client record 
when it no longer would interfere with the pur- 
pose of the research to do so. 

Statutory Authority G.S. I22C-1 12(b)(3); 
I22C-2I0.2. 

.0607 MOMTORING CARE 

The Human Riglits Committee of the desig- 
nated facihty shall monitor the care of individuals 
admitted under these rules during their partic- 
ipation in any research program. 



Statutory A uthority 
I22C-2I0.2. 



G.S. J22C-J/2(b)(J); 



.0608 DISCHARGE 

(a) An individual who has been admitted under 
the provisions of these rules shall be kept in the 
hospital no longer than is indicated by the re- 
search protocol under which he/she was admit- 
ted. 

(b) An individual who has been admitted under 
the provisions of these rules shall be discharged 
upon his/her own request. The discharge request 
shall be in writing. 

(c) /Vn individual who has been admitted under 
the provisions of these rules may be discharged 
by the facihty at any time. 



Statutory Authority G.S. 
I22C-2I0.2. 



l22C-II2(b)(3); 



.0609 PAYMENT FOR PARTICIPATION 

Reasonable compensation may be paid to indi- 
viduals admitted under the provisions of these 
rules, for their services in participation in research 
projects, provided that such compensation is paid 
from research grant funds. 



Statutory Authoritv 
I22C-2I0.2. 



G.S. l22C-ll2(b)(3); 



■k-k-k-k-k-k^-k-k-k-k-k-k-k-k-k-k-k 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Human 
Resources! Division of Medical Assistance intends 



to amend the rule cited as 10 NCAC 26 H 
.0401(c)(4). 

1 he proposed effective date of this action is De- 
cember I, 1988. 

1 he public hearing will be conducted at 1:30 
p.m. on September 14, 1988 at North Carolina 
Division of Medical Assistance, 1985 Umstead 
Drive, Room 201. Raleigh, N.C. 27603. 

i^omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
September 14, 1988 to: Director, Division of 
Medical Assistance, 1985 Umstead Drive, Ra- 
leigh, N.C. 27603. Oral comments may be pre- 
sented at the hearing. In addition, a fiscal impact 
statement on this rule amendment is available 
upon written request from the same address. 

CHAPTER 26 - MEDICAL SERVICES 
SUBCHAPTER 26H - REIMBURSEMENT PLANS 
SECTION .0400 - PROVIDER FEE SCHEDULES 

.0401 PHYSICIAN FEE SCHEDULE 

(c) Fees for surgeries performed in an inpatient 
hospital setting will be established as follows: 
(4) Payments for surgical procedures wlU in- 
clude all pre- and post-surgic:d care and or 
days constituting standard practice for 
that surgery, as determined by the Title 
XVIIl .Medicare program, in cases where 
the Division of Medical Assistance ap- 
proves post-operative surgical care to be 
rendered by anyone other than the sur- 
geon, the aU-inclusive fee will be divided 
using the same proportions as the I'itle 
XVni Mediciire program. 

Statutory Authority G.S. I0SA-25(b); S.L. 1985, 
c. 479, s. 86. 

TITLE 1 1 - DEPARTMENT OF 
ESSLRANCE 

I y otice is hereby given in accordance with G.S. 
150B-12 that the Department of Insurance intends 
to adopt rules cited as II NCAC 10 .0806. .0906 
- .0907, .1006 - .1007, ,1201 - .1207, .1301 - .1302. 
.1401 - .1402; amend ndes cited as II NCAC 10 
.0306, .0308, .0402, .0601 - .0603, .0701, .0703 - 
.0705, .0801 - .0804, .0901 - .0903, .1001 - .1003; 
repeal rules cited as II NCAC 10 .0202 - .0209, 
.0301 - .0304. .0312, .0404 - .0405, .0501 - .0505, 
.0604, .0805, .0905, .1005. 



NORTH CAROLINA REGISTER 



461 



PROPOSED RULES 



1 he proposed effectne date of this action is De- 
cember 1. 19SS. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, 1988 at Third Floor 
Hearing Room. Dobbs Building, 430 N. Salisbury 
Street. Raleigh, .\.C. 27611. 

(comment Procedures: Written comments may 
be sent to Ronnie Chamberlain. P.O. Box 26387, 
Raleigh. A'.C. 276/1. Oral presentations may be 
made at the public hearing. A nyone having ques- 
tions should call Ronnie Chamberlain at (919) 
733-3368, or Linda Stoti at {919) 733-4700. 

CHAPTER 10 - FIRK AND CASUALTY 
DIMSION 

SECTION .0200 - RATES AND FORMS 
SECTION 

.0202 POLICE FORM FILINGS 
(REPEALED) 

Statutorx .Authoritv G.S. 58-9; 58-54; 58-131.41; 
58-131.56. 

.0203 RAIF FILINGS (REPEALED) 
.0204 REQt IREMFNI OF SI PPORTING 

FILING DAIA (REPEALED) 

REPLY FORMS (REPEALED) 

LONG FORM (REPEALED) 

ORGANIZATION DATA FORM 

(REPEALED) 
.0208 BLREAL AND STATISTICAL AGENT 

IDENTIFICATION (REPEALED) 

NO POLICY FORM DE\ lATIONS 

(REPEALED) 



.0205 
.0206 

.0207 



.0209 



Statutory Authority G.S. 58-9; 58-25; 58-25.1: 
58-26; 58-54; 58-124.17 to 58-124.28; 58-131.34: 
58-131.36; 58-131.37; 58-131.38; 58-131.39; 58- 
131.41; 58-131.43; 58-131.44; 58-131.45; 
58-131.56; 58-131.60. 

SECTION .0300 - RILES AND 
INTERPRETATIONS 

.0301 LETIER OF FRANSMITTAL 

(REPEALED) 
.0302 CON FEN TS OF FILING 

(REPEALED) 
.0303 FILING ARRAN(;EMENT 

(REPEALED) 
.0304 PROIIIBIIED POLIC^ PROVISIONS 

(REPEALED) 

Statutory Authoritv G.S. 58-9; 58-30; 58-30.1: 
58-54; 58-72: 58-124.17; 58-124.28; 58-131.34: 
58-131.60; 58-138; 58- 148: 58-156: 58-157; 58- 



173; 58-173.1; 58-173.16; 58-173.33; 58-174; 
58-180.2; 58-181; 58-248.2; 58-248.26; 
58-248.40; 58-480. 

.0306 DIVIDEND PAYMENT REQUIREMENTS 

Dividends are to be paid from company surplus 
uniformly. Dividends are to be paid upon ter- 
mination of policy year or term from surplus in 
excess of any minimum surplus required of the 
company. Advance payment of dividends is not 
permitted nor can thev be guaranteed. 

Statutory Authoritv G.S. 58-97; 58-124.30; 
58-/31.58. 

.0308 PREPAID LEGAL EXPENSE 
PROMSIONS 

.Any program offering prepaid legal expense 
constituting the offering of msurance or offered 
bv a company engaged in the msurance business 
shall have the approval of the North Carolina 
State Bar before it shall be considered by the 
commissioner for approval. 

Statutory Authority G.S. 58-9; 84-23.1. 

.0312 ADDITIONAL INFORM.\TION 
(REPEALED) 

Statuioty Authority G.S. 58-9; 58-480(ej(14). 

SECTION .0400 - FIRE AND CASUALTY 
RATING ORGANIZATIONS 

.0402 R.VTE BUREAU: ESSENTIAL 
COVERAGES 

Every insurer Ucensed for the essential coverages 
shall be a member of the North Carolina Rate 
Bureau. Essential coverages mclude. but are not 
limited to: 

(1) workmen'f ' workers" compensation, 

(2) pnvate passenger automobile (non-fleet) li- 
ability insurance, 

(3) private passenger automobile (non-fleet) 
theft and physical damage insurance, 

(4) farmowner's insurance (residential real 
property and contents), 

(5) homeowner's insurance, 

(6) dwelling and contents (not more than four 
housing umts) insurance, 

(7) mobile homeowner's msurance. 

Statutory- Authority G.S. 58-9; 58-124.17. 

.0404 FILINGS FOR ESSENTIAL 

CO\ ERAGES (REPEALED) 
.0405 FILINGS FOR NON-ESSENTIAL 

CON ERAGES (REPEALED) 



461 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 58-9; 58-54; 58-124.11; 
58-124.20; 58-124.2!; 58-131.37 to 58-131.42; 
58-131.45: 58-/31.46; 58-131.48; 58-131.52; 58- 
131.56; 58-148. 

SECTION .0500 - DEVIATION IN RATES FOR 
FIRE AND CASUALTY INSURANCE 

.0501 GENERAL INFORMATION 

(REPEALED) 
.0502 DEVIATION EXHIBITS 

INSTRUCTION FORM (REPEALED) 
.0503 FORM D-l FINANCIAL STATEMENT: 

COUNTRVAVIDE (REPEALED) 
.0504 FORM D-2 OPERATING STATEMENT: 

COUNTRVAVIDE (REPEALED) 
.0505 FORM D-3 OPERATING STATEMENT: 

NORTH CAROLINA (REPEALED) 

Statutory Authority G.S. 58-9(1): 58-124.23; 
58-131.37; 58-131.38; 58-131.39; 58-131.41. 

SECTION .0600 - CONSENT TO RATE 

.0601 GENERAL INFORMATION 

For those lines of insurance subject to the pro- 
visions of Articles 12B, a«4 13C, and 38 of 
Chapter 58 of the General Statutes of North Ca- 
rolina, a rate in excess of that promulgated by a 
rating buroau the North Carolina Rate Bureau, 
or rating organization or tiled by a company on 
its own behalf may be charged on a specific risk 
with the knowledge and written consent of the 
insured, and with proper notice to and, where 
required by statute, approval of the commis- 
sioner. 



Statutory A uthority 
58- 13 1.39(c). 



G.S. 58- 124.23(b); 



.0602 CONSENT TO RATE PROCEDURES: 
ESSENTIAL COVERAGES 

(a) An application to effect consent to rate on 
a specific risk of "essential" coverage, as identi- 
fied in Regulation .0402 of this Chapter, in excess 
of the rate promulgated by the North Carolina 
Rate Bureau, a rating buroau ef fyis4 by a com 
pany »» ite ©w» bohatf shall include, but not be 
limited to, the following: 

(1) a description of the insurance proposed, 
including primary and excess limits, the 
amount of coverage, the property insured, 
the deductible and any other factor used 
for rating, where applicable; 

(2) tfee r . tandard approved rato; the rate and 
premium which would be charged without 
application of consent to rate; 

(3) the proposed rate and premium; (»» aft 
annual ba s i s ); 



(4) the percent increase, (fiet- required f&f 
OGOontial auto inouranco); The rate to be 
charged will be presumed reasonable if it 
does not exceed 250 percent of the rate 
which would be charged without applica- 
tion of consent to rate. Any proposed 



rate in excess of 250 percent must be ex- 
plained fully and may be disapproved by 
the commissioner. (This is not required 
for and does not apply to "essential" au- 
tomobile physical damage insurance); 
(5) tfee namoo aft4 addrosooo (ff Ae kisuror, Ae 

?i 1 Iiilll^ Ll^^-'lli. ) 14.1 lU II \\j III JUI 1.AJ , a. jLtllCMlL.ll t 

that the rate charged does not exceed the 
rate which would be applicable if the ap- 
plicant had been charged 450 percent of 
the rate with no driving record points. 
Any proposed rate in excess of 450 per- 
cent must be explained fully, submitted 
individually, and may be disapproved by 
the commissioner. (This is required for 
"essential" automobile physical damage 



insurance onlv! 



(6) tfe« oflijotivo dates ef the covorago; aft4 the 
names and addresses of the insurer, the 
writing agent, and the insured; 

(7) a lette r sign e d fey A# inr f urod uolmowlodg 
iftg aft4 consenting te Ae propose d rate. 
the effective date of the proposed rate; 

(8) the policy period; 

(9) the policy number; 

(10) the reason for the surcharge may be re- 
quired; and 

(1 1) a letter signed by the insured acknowl- 
edging and consenting to the proposed 
rate (not required to be submitted to the 
commissioner for "essential" automobile 
physical damage insurance). If coverage 
for the specific risk written on consent to 
rate is available through a residual market 
(FAIR Flan, Beach Flan, North Carolina 
Reinsurance Facility, North Carolina 
Workers Compensation Insurance Flan), 
a statement signed by the insured ac- 
knowledging that fact must also be sub- 
mitted. 

All such applications must be forwarded directly 
to the commissioner for approval. 

(b) Such applications involving non-standard 
automobile physical damage insurance may be 
recorded on bordoraux a form approved by the 
commissioner and must be forwarded at frequent 
intervals to the commissioner for approval, e*- 
6«jf4 that- y» Fato ohargo 4 shatt ftet- oxcoed Ae 
Fate ' ■■■ 'hioh V i 'ould be applicable if tbe applicant 
had boon charged J-2 Safe Driver Plan points. A 
letter signed by each insured acknowledging and 
consenting to the proposed rate shaU be retained 



NORTH CAROLINA REGISTER 



463 



PROPOSED RULES 



in the insurer's office and be made available to 
the commissioner upon request. 

Aii oth e r applications in' i ohing "oGoontiol" 
covoru^jc ' ii t*ft» foAvarded directly to Ae commis 
C i ionor fof approval. 

(c) All applications for approval of oonoont 
to rate consent to rate received more than 90 
da\ s after the etfective date of the oovorage pro- 
posed rates v\ill be rojocted disapproved and 
construed as effective at iitandord approved rateo 
the rates which would be charged without appli- 
cati(m o^ consent to rate on the effective date. 

Statutory Authority G.S. 5S-I24.23(b). 

.0603 ALTOMOBII.K FMIVSICAL D.\M.VGES: 
NON-KSSENTI.\L COVER.\GES 

(a) '-I4»e procedure te- elToct conf . ent to rat e fof 
phv ;. ical damag e in ^. uranc e h* tfe« r . amo at* d«»- 
' jcnbed m- .06 ( >I!(a) »f tfe» Section except y«4- A# 
rat e s to i*e charged wt4i fee p- reoumed reasonable 
if they d€»- »»*• e.xceed 3^ percent e4-" tbe standard 
appr(ned rates. An application to effect consent 
to rate on a specific nsk of "non-essential" cov- 
erage, as identified in Rule .0403 of this Chapter, 
in excess of t]ie rate promulgated by a licensed 
rating organization or tiled by a company on its 
own behalf shall include, but not be limited to. 
the tollowniL;: 



consent to rate is avaUabie through a resi- 
market (FAIR Plan, Beach "Plan, 



dual 

North Carohna Reinsurance Pacilitv, 



( 1 ) a descnption of the insurance proposed, 
including pnmary and excess limits, the 
amount of co\erage. the property insured. 
the deductible and anv other factor used 
for rating, where applicable: 

(2) the rate and premium which would be 
charged without application of consent to 
rate; 

(3) the proposed rate and premium; 

(4) the percent increase. The rate to be 
charged will be presumed reasonable if it 
does not exceed 2.^0 percent of the rate 
which would be charged without applica- 
tion of consent to rate. Anv proposed 
rate in excess of 250 percent must be ex- 
plained fully and may be returned by the 
commissioner; 



the names and addresses of the insurer, 
the vsnting agent, and the insured; 



(51 

(6) the etfective date of the proposed rate; 

(7) the policy period; 

(8) the policy number; 

(_22 the reason for the surcharge; and. 
(10) a letter signed by the insured acknowl- 



edging and consenting to the proposed 
rate (not required to be submitted to the 
commissioner for "non-esscntiar' auto- 
mobile physical damage insurance). If 
coverage for the specific risk written on 



North Carolma Workers Compensation 
Insurance Plan), a statement signed by the 
insured acknowledging that fact must also 
be submitted. 

All such applications must be forwarded directly 

to the commissioner. 

(b) Such agreements may be recorded »» bor 
dorauK to be reported to Ae comrrusoioner at- 
frequent inten-als. Such applications involving 
non-standard automobile physical damage insur- 
ance may be recorded on a form approved by the 
commissioner and must be forwarded to the 
commissioner at frequent inter\^als. A letter 
signed by each insured acknowledging and con- 
senting to the proposed rate shall be retained in 
the insurer's office and be made available to the 
commissioner upon request. 

(c) All applications for consent to rate received 
more than 90 davs after the etTecti\e date of the 
proposed rates will be rejected and construed as 
effective at the rates which would be charged 
without application of consent to rate on the ef- 
fective date. 

Statutory Authority G.S. 58-131 .39(c). 

.0604 .VLTOMOBILE LI.ABILITY: 

NON-ESSENTIAL COVERAGES 
(REPEALED) 

Statutory Authority G.S. 5S-I31 .39(c). 

SECTION .0700 - INSURANCE IN UNLICENSED 
FOREIGN AND ALIEN COMPANIES 

.0701 GENERAL INFORM.ATION 

Citizens who are unable to procure insurance 
on risks in this state in companies licensed to 
write insurance in this state may procure policies 
of insurance in unlicensed foreign and alien 
companies if the procedures set forth hereafter 
are strictly adhered to. All the forms described 
hereafter relating to such insurance, which is 
known as non-admitted or surplus lines ef in- 
surance, are to be sent to the Commissioner of 
Insurance. Attention: Deputy Commiosionor, 
Surplus I ines Coordinator. Fire and Casualty 
Division, P.O. Box 26387, Raleigh, North Care- 
Una 27611. 

Statutory Authority G.S. 5S-420 through 5S-44I. 

.0703 APPROVAL OF INSURANCE IN 
NON-ADMITTED INSURANCE 
COMPANIES 



464 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Approval of insurance written by a nonadmittod 
non-admitted insurance company will be granted 
only ii the nonadmitted non-admitted company: 

(1) has established satisfactory evidence of good 
repute and fmancial integrity; 

(2) meets the minimum capital and surplus re- 
quirements in the Insurance Law; aft4 

(3) furnishes to the commissioner its most 
current fmancial statement; and 

(4) appears on the department's monthly list 
of non-admitted companies eligible for the 
placement of surplus lines business. 

Statutory Authority G.S. 58-424. 

.0704 FORM SL: REF'RESENT A SURPLUS 
LINES INSLRER 

Form SL, "Application for License to Repre- 
sent a Surplus Lines Insurer", is submitted to the 
department by a prospective agent for a license 
to procure insurance from nonadmittod non-ad- 
mitted companies. Information to be entered on 
the application shall include, but not be limited 
to, the agent's name and address, a statement 
certifying his North CaroUna citizenship, and his 
credentials for the required bond. 

Statutory Authority G.S. 58-433. 

.0705 FORM SL-1: I ICENSE RENEWAL 
APPLICATION FOR LICENSE TO 
REPRESENT A SURPLUS LINES 
COMPANY 

A "Renewal Application to Represent a Surplus 
Lines Company" (SL-1) is provided to agents 
pursuant to G.S. 58-433 stating the requirements 
for renewing the license. The notarized form 
shall include, but is not limited to, name, address, 
a review of the requirements for procuring insur- 
ance from surplus lines insurers, and the signa- 
ture of the apphcant. 

Statutory Authority G.S. 58-428; 58-433. 

SECTION .0800 - LICENSING OF RATING 
ORGANIZATIONS 

.0801 GENERAL INFOR.M.VTION 

ftfe aft4 cai . ualty inr . uranoQ rating bureaus afe 
Uconood B% mono lino (oithor fo=e aft4 marine ef 

OCrCTTTCTTT^r U.1 lU 1 IVJ.^- 11 1 T Lll lU U U I \_' T- T T "I IIIUICI HI HJ T 1 11 V 

aft4 caoualty) rating buroauo. Ever\' rating or- 
ganization, as a prerequisite to conducting its 
operations in this State, shall obtain cither a 



puty Commissioner, Fire and Casualty Division, 
P.O. Box 26387, Raleigh, North Carolina 27611. 

Statutory Authority G.S. 58-9; 58-131 .34{2); 
58-131.35(5); 58-131.43. 

.0802 PROCEDURE FOR APPLICATION OF 
NEW LICENSE 

ftfe aft4 casualty rating buroauo Rating organ- 
izations not previously licensed shall submit the 
fee set forth in G.S. 105-228.4 and an apphcation, 
including, but not limited to: 

(1) the name and address of the bureau; or- 
ganization^ 

(2) a copy of: 

(a) its constitution, charter, or articles of in- 
corporation, association, or agreement; 

(b) its bylaws, plan of operation, or other 
rules governing its business duly certified 
by the custodian of the original thereof; 

(c) any other rules or regulations governing 
the conduct of its business; 

(3) a list- ef t4*e inourors who are liconr . od to de- 

TT^TTTTTT^TW^ 1_1 1 11 LIU U lLll\J Lu lU T1 I \.\J LU \J , \Jx 1 ITJ. I ^ 

agreed te- become, m e mbers ef subscribers; 
a list of the insurers who are members, sub- 
scribers or ser\dce purchasers; 

(4) a list of the states where the bureau or- 
ganization is licensed; 

(5) a list of the lines of insurance involved; 

(6) the names and addresses of ail officers and 
managers; 

(7) the name and address of one or more resi- 
dents of this state appointed to receive no- 
tices, process, or orders; 

(8) a statement demonstrating its technical 
qualifications; 

(9) a check in payment of the bureau organ- 
iz.ation license fee; 

(10) such other information as the commis- 
sioner may require. 

Statutory Authority G.S. 58-9; 58-131.34(2); 
58-131.35(5); 105-228.3; 105-228.4; 105-225.9. 

.0803 RENEWAL LICENSE FEE FOR 
RATING ORGANIZATIONS 

¥1» ren e ' i i i 'al hoense fee se^ forth m G.S. 
105 228. ' 1 shall ^ pai4 annually te- the commis 
oionor before .March 4- ef each yeaf fof approval 
by tl«» commissioner aft4 shall include, btrt net- 
be hmited ter The renewal license fee set forth 
in aS_ 105-228.4 shall be £)aid annually to the 
commissioner before .March 1 of each year. The 



monoline or multi-line license and make a fiUng renewal license application shall include, but not 
to the commissioner. Applications for new or be limited to: 



rene>ved renewal licenses should be submitted to 
the Commissioner of Insurance, Attention: De- 



(1) the name and address of the bureau, or- 
ganization; 



NORTH CAROUNA REGISTER 



465 



PROPOSED RULES 



(2) the lines of insurance rates in which the 
bureau orL'ani/atitin engages; 

(3) a descnption of pertinent changes in its 
services or activities since the previous re- 
newal license fee was paid, granted. 

Statutorv Authority G.S. 58-9; 58-131.34(2); 
58-131.43: 105-228. 

.0804 FORM: LICENSE CERTIFICATE 

The License certificate form is issued over the 
signature of the commissioner certifying the btt- 
r(?au organization has been licensed and setting 
forth the lines of insurance. 

Siaiutory .Authority G.S. 58-9; 58-9. J; 58-131.43. 

.0S05 PPNF .VLTO INSl R.VNCE ST.VTISTICAL 
.AGENTS - REPORTS (REPE.ALED) 

Statuton,- .Authority G.S. 58-9; 58-25.1; 
58-/24. /8,di; 58-131.50. 

.0806 CHANGES IN FILED INFORMATION 

Any change m or amendment to any document 
described in Rules .0802 or .0803 of this Section 
shall be prompth filed with the commissioner. 



Statutory 
58- 1 3/. 45. 



.-luthority G.S. 58-9; 58-131.44; 



SECTION .0900 - LICENSING OF ADVISORY 
ORGANIZATIONS 

.OQOl GENERAL INFOR.M.\TION 

Ever," insurance advisor}' organization, as a 
prerequisite to conducting its operations in this 
State. ! : ' haU mcJctj a filmg t© ti«» commiL .' jionL ' r. 
shall obtain either a monoline or multi-line Li- 



(2) a copy of: ite byla' . ' . & ©f ruloo aft4 r e gu 
lationf i govoming its activiticj. 4«+y certified 
bv the cuutodian »f A« orieinalQ thoroof; 






its constitution, charter, or articles of in- 
corporation. association, or agreement: 
its bylaws, plan of operation, or other 
rules governing its business dulv certified 
bv the custodian of the original thereof; 



(c) any other rules or regulations go\eming 
the conduct of its business; 



(3) a fert- »4' it* momboro aft4 subjcnborC ' ; a list 
of the insurers who are members or sub- 
scribers: 

(4) A* namo aft4 addrooj »i a r e sident ©f ffeis 
stato upon whom notices, procooo affecting 
itr »f orders ttf A© commissionor may be 
soT i od: a list of the states where the organ- 
ization is licensed; 

(5) such other information a* Ae commissionor 
may require, a list of the lines of insurance 
in\ol\ed; 

(6) the names and addresses of all officers and 
managers; 

(2| the name and address of one or more resi- 
dents of this state appointed to receive no- 
tices, process, or orders; 

(8) a statement demonstrating its technical 
qualifications; 

(9) a check in pa\ment of the organization li^ 
cense fee: 

( 1 ) such other information as the commis- 
sioner ma>' require. 

Statutory- Authority G.S. 58-9; 58-131.44. 

.0903 CHANGES IN FILED INFOR.ALATION 

A»y change wt e* am e ndment y» aft¥ document 
described m .0902 &f tfe* Section shall be 
promptly fiie4 Vr44'> Ae commissioner. .Any 



cense and make a fding t£ the commissioner. change in or amendment to any document de- 
■Applications for neu' or renewal Licenses should 
be submitted to the Commissioner of Insurance. 
Attention: I3eputv Commissioner. Fire and Ca- 



scnbed in Rules .0902 or .0907 of t_his Section 
shaU be promptly tiled uith the commissioner. 



sualtv Division. P.O. Box 263S7. Raleigh. North Statutory Authority G.S. 58-9; 58-131.44. 



Carolina 2~M 



Statutory- Authority G.S. 58-9; 58-131.44. 

.0902 PROCEDLRE FOR APPLICATION OF 
NEW LICENSE 

Tbe filing by^ ouch advisop i' organieation shaU 
include, btri- wef be limited ter Insurance advi- 
sor.' organizations not pre\iouslv licensed shaU 
submit the tee set forth in G.S. 105-228.4 and an 
application including, but not limited to: 
( 1 ) a copy &f rts constitution ©f articl e s ef ift- 
corporation. agreement Bf association; the 
name and address of the organization: 



.0905 INSLRER'S REPORT ON INSURANCE 
AD\ ISORV ORGANIZATIONS 
(REPEALED) 

Statutory- Authority G.S. 58-9; 58-131.41; 
58-131.44. 

.0906 FORM: LICENSE CERTIFICATE 

The license certificate form is issued over the 
signature of the commissioner certifying the or- 
ganization has been licensed. 

Statutory Authority G.S. 58-9; 58-131.44. 



466 



AORTH CAROLINA REGISTER 



PROPOSED RULES 



.0907 RKNEWAL LICENSE FEE FOR 
LICENSED ORGANIZATIONS 

The renewal license fee set forth in G.S. 
105-228.4 shall be paid annually to the commis- 
sioner before March 1 of each year. The renewal 
license application shall include, but not be lim- 
ited to: 

(1) the name and address of the organization, 

(2) the lines of insurance in which the organ- 
ization engages, 

(3) a description of pertinent changes in its 
services or activities since the previous re- 
newal license was granted. 

Statutory Authority G.S. 58-9; 58-131.44. 

SECTION .1000 - LICENSING OF JOINT 
UNDERWRITING ORGANIZATIONS 

.1001 GENERAL INFORMATION 

Even,' joint underwriting organization or joint 
reinsurance organization, as a prerequisite to 
conducting its operations in this State, shall malco 
a filing t© i^ ooinmi ' joiQnor. shall obtain either 
a monoline or multi-hne license and make a tiling 
to the commissioner. Applications for new or 
renewal licenses should be submitted to the 
Commissioner of Insurance, Attention: Deputy 
Commissioner, I'ire and Casualt\' Division^ P.O. 



Box 263S7, Ralei.izh. North Carolma 276n. 

Statutory' Authority G.S. 58-9; 58-131.45. 

.1002 JOINT UNDERWRITING 
ORGANIZATIONS FILING 

¥he filing by ouch joint und e nvriting organiza 
tieft shall includt*. btrt ft©*- be hmitod ttH .Joint 
underwriting organizations and joint reinsurance 
organizations not pre\iouslv licensed shall sub- 
mit the fee set forth in G.S. 105-228.4 and an 
application, including, but not limited to: 

( 1 ) a copy ef it* constitution e* articles ©f ifi- 
corporation. agrooment, ©f association; the 
name and address of the organization; 

(2) a copy of: it* byia' i S's ©f nilos afi4 r e gu 
lations governing it* activities, duly cortifiod 
by tte<* custodian ©f ttie originals thort ' of; 

(a) its constitution, charter, or articles of in- 
corporation, association, or agreement; 

(b) its bylaws, plan of operation, or other 
rules governing its business duly certified 
by the custodian of the original thereof; 

(c) any other rules or regulations governing 
the conduct of its business; 

(3) a \vr^ ©f i4* mombors aft4 subscribers; a list 
of the insurers who are members or sub- 
scribers; 



(4) the nam e afi4 address ©f a r e sident ©f tiw* 
state upon whom notices, process aff e cting 
1*7 ©f orders ©f ti*e commissioner ff^<i^ be 
cort i 'od; a list of the states where the organ- 
ization is licensed; 

may requir e , a list of the lines of insurance 
involved; 

(6) the names and addresses of all officers and 
managers; 

(7) the name and address of one or more resi- 
dents of this state appointed to receive no- 
tices, process, or orders; 

(8) a statement demonstrating its technical 
qualifications; 

(9) a check in payment of the organization li- 
cense fee; 

(10) such other information as the commis- 



sioner may require. 
Statutory Authority G.S. 58-9; 58-131.45. 

.1003 CHANGES IN FILED INFORMATION 

Afty change tft ©f amendment t© any document 
deflcribed i» .1002 ©f tl*** Section shall be 
promptly &le4 Viith tlte commissioner. Any 
change in or amendment to any document de- 
l£ lii£ scnbed in Rules .1002 or .1007 of this Section 
shall be promptly filed with the commissioner. 

Statutory Authority G.S. 58-9; 58-131.45. 

.1005 INSURER'S REPORT ON 

UNDERWRITING ORGANIZATIONS 
(REPEALED) 

Statutory Authority G.S. 58-9; 58-131.45. 

.1006 FORM: LICENSE CERTIFICATE 

The hcense certificate form is issued over the 
signature of the commissioner certifying the or- 
ganization has been licensed. 

Statutory Authority G.S. 58-9; 58-131.45. 

.1007 RENEWAL LICENSE FEE FOR 
LICENSED ORGANIZATIONS 

The renewal hcense fee set forth in G.S. 
105-228.4 shall be paid annually to the commis- 
sioner before March 1 of each year. The renewal 
license apphcation shall include, but not be lim- 
ited to: 

(1) the name and address of the organization, 

(2) the lines of insurance in which the organ- 
ization engages, 

(3) a description of pertinent changes in its 
ser\'ices of activities since the previous re- 
newal hcense was granted. 



NORTH CAROLINA REGISTER 



467 



PROPOSED RULES 



Siaiuion- Authority G.S. 5S-9: 58-/ 3 1.45. 
SK( HON .i:()0-l()KMS III.INGS 

.1201 GENERAL INFORM AIION 

Except inland manne m^urance that is not gen- 
erally written according to manual rates and rat- 
ing plans, and with the exception of fidelity, 
surety and guaranty bonds which are wntten in 
accordance with a statute or at the direction of 
the insured, all tonns intended for use in this 
state shall be tiled with the commissioner for ap- 
proval prior to their use. 

Formfs) filings must be submitted separately 
and under rndependent cover from Rates find 
Rules tilings. The requirements of this Rule are 
applicable to form(s) fiLuigs only. Rates and 
Rules tilings are addressed in Rule .0101. 

Statiiton Authority G.S. 58-9: 58-54; 58-124.29; 
58-131.34: 58-/ -6: 58-248.2'': 58-480. 

.1202 RKI KRENCE FILINGS 

With the exception of Flood Insurance written 
in accordance with F'ederal Emergency Manage- 
ment .\gcnc\' (FI'\L\) requirements, form(s) fil- 
ing by reference arc not permitted. Induidual 
coInpanic^ adopting a form(s) promulgated by a 
licensed bureau or licensed rating organization 
of which said company is a member or subscriber 
is NO r deemed to be a reference tiling. 

Siatutorv ,Unhohtv G.S. 58-9: 58-54: 58-124.29; 
58-131.34: 58-/76; 58-248.27; 58-480. 

.12(1.^ I LI ILR OF IRANSMFI I.VL 

Filings for forms or rules which address forms, 
shall be accompanied by a letter of transmittal, 
in duplicate, which shall state at least the follow- 
ing: 

(1) the name of the licensed bureau, licensed 
rating organization or licensed company 
making the filing: 

(2) the subject of the tiling by name, identifi- 
cation number or both: 

(3) the purpose of the filing; 

(4) the proposed effecti\e date and rule of im- 
plementation: 

(5) the company- s bureau alTiliation for the Une 
of insurance filed (if none, so state): 

(6) whether the filing has been filed and ap- 
pro\ed in the company's domiciliary state; 

(7j summapv of the changes proposed by the 
filing: 

(8) statement that the filing meets statutory re- 
quirements. 



Statutory Authority G.S. 58-9; 58-54; 58-/24. /7; 
58-/24.28; 58-/ 3/. 34; 58-/3/. 60; 58-/48; 58-/57; 
58-/ 80.2; 58-248.2; 58-248.40. 

.1204 PROHIBITED POLICY PROMSIONS 

Policy forms will be disapproved if they contain 
any of the following kind of policy pro\isions: 

(1) a pro\isions that the application is a con- 
sideration of coverage; unless the application 
is physically attached to the policv: 

(2) a provision that the rules or b\ laws of the 
company arc a part of the contract: unless 
such rules or bylaws are actually wntten into 
or physically attached to the policv; 

(3) a provision that a portion of the premium 
becomes due and payable only after the oc- 
currence of a loss, for example, a premium 
retention policy; 

(4) a provision m a liability policy that relie\es 
the company of habihty on account of in- 
solvency of the insured; 

(5j a provision that knowledge of the agent is 

not binding on the company: 
(6) a provision purporting to limit to less than 

three years any suit on the contract by the 

policyholder. 

Statuton- .iuthoritx- G.S. 58-9; 58-30; 58-30./; 

58-72. 

.1205 E-SSENFLVL LINES-N.C. RATE 
Bl REAL (BLREAL) 

(a) AU policy forms used b\" members of the 
North Carolina Rate Bureau shall be filed by the 
bureau and appro\ed by the commissioner prior 
to their use. 

(b) When the bureau is tiling a modification to 
an existing form, it will provide a "side-by-side" 
comparison of the old and proposed form(s) and 
explain all broadenings and restrictions of co\'er- 
age. 

(c) The bureau wiU provide the following in- 
formation either in the letter of transmittal or as 
a filing memorandum: 

( 1) the subject of the filing by name, identifi- 
cation number or both: 

(2) the purpose of the filing; 

(i) the proposed effective date and rule of im- 
plementation: 

(4) summary of the changes proposed by the 
filing; 

(5) statement that the filing meets slatutor\' re- 
quirements. 

(d) /Vn> dividend or participating endorsement 
to be used with a workers compensation policy 
should be filed directly with this department in 
accordance with North Carolina General Statute 
58-54. 



46,S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 58-9; 58-54; 58-124.29; 
58-124.30. 

.1206 NON-ESSENTIAL LINES 

All licensed insurance companies, licensed rat- 
ing bureaus, licensed rating organizations and any 
other licensed entity filing forms for non-essential 
lines (as defmed in 58-131.36 or 58-472) shaU: 

(1) use the Letter of Transmittal as prescribed 
in Chapter 10, Rule .1203; 

(2) complete the Questionnaire as prescribed 
in Chapter 10, Rule .1207; 

(3) be in compliance with the other provisions 
of this Rule; 

(4) when the filer is filing a modification to an 
existing form, it will provide a 
"side-by-side" comparison of the old and 
proposed form(s) and explain aU broad- 
enings and restrictions of coverage; 

(5) such other information as the commissioner 
may require. 

Statutory Authority G.S. 58-9; 58-54; 58-472. 

.1207 FORM(S) QLESTIONN.\IRE 

A statement or questionnaire on a form pre- 
scribed by the commissioner containing the fol- 
lowing information wlU be provided: 

(1) name of the filer; 

(2) Federal Employer's 11-Digit Number; 

(3) flier's file number; 

(4) program title; 

(5) line(s) of insurance; 

(6) how many new forms and/or revised forms 
are being fded new revised ; 

(7) explain the purpose(s) of this filing; 

(8) list the states where this filing has been 
made; 

(9) action taken by domiciliary state if form 
has been filed in that state; 

(10) list the states that have approved this fil- 
ing; 

(11) list the states that disapproved this filing 
and reason(s) for disapproval; 

(12) copies of all required modifications re- 
ferred to in Paragraph (1 1) of this Rule; 

(13) if the fding is similar or identical to a filing 
made with the N.C. Department of Insur- 
ance by a licensed bureau or licensed rating 
organization, complete the following- 

(a) name of affiliated bureau or rating organ- 
ization; 

(b) name of bureau or rating organization 
program; 

(c) identification number of bureau of rating 
organization program; 



(d) are you a member, subscriber or service 
purchaser. 

(14) if the filing is similar or identical to a fding 
made with the N.C. Department of Insur- 
ance by a licensed insurance company in 
North Carolina, give the N.C. Insurance 
Department fde number and approval date. 
Also, describe the difference(s) if any, be- 
tween your form(s) and those of the previ- 
ously approved program; 

(15) computer printed declarations pages 
should be completed in "Jolm Doe" fashion; 

(16) proposed effective date and rule of imple- 
mentation; 

(17) a certification of the accuracy of the filing 
by an officer of the company or head of the 
filings department. 

Statutory Authority G.S. 58-9; 58-25. J; 58-54; 
58-480. 

SECTION .1300 - NORTH CAROLINA JOINT 
LINDERWRITING ASSOCIATION 

.1301 RATES: RATING PLANS: R.\TING 
RULES AND FORMS APPLICABLE 

Unless otherwise approved by the commis- 
sioner, the rates, rating plans, rating rules and 
forms applicable shall be in accordance with the 
most recent manual rates, rating plans, rating 
rules and forms promulgated by either the North 
Carolina Rate Bureau or the Insurance Services 
Office, Inc. and approved for usage in North 
Carolina. 

Statutory Authority G.S. 58-9; 58-173.17; 
58-173.20; 58-173.21; 58-173.31. 

.1302 CHANGES TO RATES: RATING 

PLANS: RATING RULES AND FORMS 
APPLICABLE 

Unless otherwise approved by the commis- 
sioner, any changes to the manual rates, rating 
plans, rating rules and forms promulgated by ei- 
ther the North Carolina Rate Bureau or the In- 
surance Services Office, Inc. and approved for 
usage in North Carolina shall be implemented 
no later than 30 days after the earliest permitted 
date. 

Statutory Authority G.S. 58-9; 58-173.17; 
58-173.20; 58-173.21; 58-173.31. 

SECTION .1400 - NORTH CAROLINA 
INSURANCE UNDERWRITING ASSOCIATION 

.1401 RATES: RATING PLANS: RATING 
RULES AND FORMS APPLICABLE 



NORTH CAROLINA REGISTER 



469 



PROPOSED RULES 



Unless otherwise approved by the commis- 
sioner, the rates, rating plans, rating rules and 
forms applicable shall be in accordance with the 
most recent manual rates, rating plans, rating 
rules and forms promulgated by either the North 
Carolina Rate Bureau or the Insurance Services 
Office, Inc. and approved for usage in North 
Carolina. 

Statutory Authority G.S. 58-9; 58-173.2; 
58-173.7: 58-173.8; 58-173.10; 58-173.16. 

.1402 CHANGES TO RATKS: R,\TI\G 

PLANS: RATING RLLKS AND FORMS 
APPLICABLE 

Unless otherwise approved by the commis- 
sioner, any change to the manual rates, rating 
plans, rating rules and forms promulgated by ei- 
ther the North Carolina Rate Bureau or the In- 
surance Services Office, Inc. and approved for 
usage in North Carolina shall be implemented 
no later than 30 days after the earUest permitted 
date. 

StatutofT Authority G.S. 5S-9: 58-173.2; 
58-173.7; 58-/73.8; 58- J 73. 10; 58-/73.16. 



I\ otice is hereby giwn in accordance with G.S. 
/50Ii-/ 2 that the Department of Imurance intends 
to adopt the rule cited as 1 1 .\'CAC /IE .01/0. 

1 he proposed effective date of this action is 
January /, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 20. /9S8 at Hearing Room, 
Third Floor. Dobbs Building. 430 ,V. Salisbury 
Street. Raleigh. .\.C. 276//. 

y^omment Procedures: Written comments 
should be directed to Rav .Martinez at P.O. Box 
26387, Raleigh. .V.C. 276//. He may be reached 
by telephone at (9/9) 733-2002. Oral comments 
may be made at the hearing. 



CHAPTER II 



COMPANY OPERATIONS 
DIMSION 



SUBCHAPTER I IE - TAX: ALDIT AND 
STATISriCAL OPERATIONAL UNIT 

SECTION .0100 - GENERAL PRO\ ISIONS 

.0110 REDUCED INSTALLMENT PAYMENTS 

(a) The installnient payment requirements for 
quarterly gross premium tax and quarterly addi- 



tional gross premium tax, as reported on forms 
descnbed under 11 NCAC 11 A. 0436 and 11 
NCAC 11A.0438, may be reduced by the com- 
missioner when an insurer submits a written 
statement to the department indicating that the 
insurer reasonably believes that the total esti- 
mated payments made for the current year will 
exceed the anticipated tax liability for the year. 

(b) This written statement shall contain the 
basis for the insurer's behef that its installment 
payments should be reduced and shall address the 
factors supporting that belief. TTie statement 
must include, but not necessarily be limited to, 
factors such as changes in premium tax laws, re- 
duction in the insurer's wntings, and changes in 
the insurer's marketing thrust, sales mix, distrib- 
ution channels and underwriting, with a corre- 
sponding monetary impact as detailed in the 
appropriate components of the insurer's business 
plan. 

(c) To receive consideration, the insurer's 
written statement must be received by the de- 
partment at least 45 days prior to an installment 
filing date. 

(d) '["he department shall provide written notice 
to the insurer, no later than 15 days prior to the 
installment filing date, only if the msurer's re- 
quest for reduced installment payments is denied. 

Statutory: Authority G.S. /05-228.5. 

TITLE 15 - DEPARTMENT OF N.\TURAL 

RESOURCES AND COMMLTsITY 

DEVELOPMENT 

ly otice is hereby gi\'en in accordance with G.S. 
/50B-/2 that the Wildlife Resources Commission 
intends to amend the rule cited as /5 NCAC lOB 
.0115(c). 

1 he proposed effective date of this action is De- 
cember 1, 1988. 

1 he public hearing will be conducted at 7:30 
p.m. on September 21 . 1988 at Hearing Room So. 
3, Old County Courtliouse, (2nd floor), Gillespie 
Street. Fayettcville, ,V.C. 



Co 



omment Procedures: Interested persons may 
present their vie\vs either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
Septembc.- 1 . to September 29, 1988. Such writ- 
ten comments must be delivered or mailed to the 
Wildlife Commission. 512 A'. Salisbury St.. Ra- 
leigh.' SC 2761 1 . 



470 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0115 SHINING LIGHTS IN DEER AREAS 

(c) No person shall, between the hours of 
one-half hour after sunset and one-half hour be- 
fore sunrise, intentionally shine a light upon a 
deer or intentionally sweep a light in search of 
deer in the indicated portions of the foUowing 
counties: 

(1) Alamance -- entire county; 

(2) Alexander -- entire county; 

(3) Alleghany -- entire county; 

(4) Anson — entire county; 

(5) Ashe — entire county; 

(6) Avery — that portion south and east of 
Highway 221; 

(7) Burke -- entire county; 

(8) Caldwell -- entire county; 

(9) Caswell -- entire county; 

(10) Catawba -- entire county; 

(11) Chatham — entire county; 

(12) Clay -- entire county; 

(13) Cleveland -- entire county; 

( 14) Cumberland ^^ entire county^ 
(15) (44^ Da\idson — entire county; 
( 16) f444 Da\ie — entire county; 
(17) f44^ Gaston — entire county; 
(18) f4^ Guilford — entire county; 
(19) f4-j^ Halifax -- entire county; 
(2n) f4-Q^ Henderson -- entire county; 
(21) (-gi^ Hyde - that part bounded on the 

north by a line running parallel with and 
1000 yards in a northward direction from 
that part of SR 1304 that leads from 
Hodges' Fork to Rose Bay, on the east 
by the Mattamuskeet National Wildlife 
Refuge boundary, on the southeast by US 
264, and on the west and southwest by a 
line running parallel with and 1000 yards 
in a west or southwest direction from the 
centerline of SR 1304; 

(22) f244 Iredell -- entire county; 

(23) Johnston — entire county; 

(24) f22^ Lee — entire county; 

(25) (4J4 Lincoln -- entire county; 

(26) (-34^ McDowell — entire county; 

(27) (-2^ Mecklenburg -- entire county; 

(28)(^ Mitchell - entu-e county; 

(29) fS^ Northampton -- entire county; 

(30) (4^ Person -- entire county; 

(3j_[f^ Polk - entire county; 

(32) fJ4^ Randolph — entire county; 

(33) fJ44 Rockingham - entire county; 



(34) f3^ Rowan - entire county; 
(35) f^ Rutherford -- entire county; 
(36}P4fScotland -- that part lying west of US 

401 north of Laurinburg and north of US 

74 west of Laurinburg; 
(37) fJ4^ Stanly — entire county; 
(38) (4^ Stokes — entire county; 
(39) f^^ Surry — entire county; 
(40) (4^ Transylvania — entire county; 
(4r) f^ Union — entire county; 
(42) f4^ Watauga — entire county; 
(43)f444 Wilkes - entire county; 
(44) f4^ Yadkin -- entire county; 
(452(4^ Yancey -- entire county. 

Statutory Authority G.S. 113-134; 113-291. 1; 
S.L. 1981, Ch. 410; S.L. 1981 (Second Session 
1982), Ch. 1180. 



1\ otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Wildlife Resources Commission 
intends to amend rules cited as 15 NCAC 10 F 
.0305(a), .0313, .0340 and .0352(a). 

I he proposed effective date of this action is De- 
cember I, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, 1988 at Room 386, Arch- 
dale Bldg., 512 N. Salisbury Street, Raleigh, N.C. 

i^omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
September I, 1988 to September 29, 1988. Such 
written comments must be delivered or mailed to 
the Wildlife Commission, 512 N. Salisbury St., 
Raleigh, NC 27611. 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0305 BRUNSWICK COUNTY 

(a) Regulated Areas. This Rule applies to the 
waters and portions of waters described as fol- 
lows: 

(4) Intracoastal Waterway: 
(A) Southport. 

(i) That portion of the Intracoastal water- 
way, which intersects the entrance to 
the "Old Yacht Basin" at the city of 



NORTH CAROLINA REGISTER 



471 



PROPOSED RULES 



Southport, for a distance of 350 feet to 
be marked at each end by appropriate 
markers. 

(ii) That portion of the ICW which in- Statutory Authority G.S. 75A-3; 75A-/5 
tersccts the entrance to the Southport 
Manna at the citv of Southport for a 
distance of approximately 3(H) yards to 
he marked at each end bv appropriate 
markers. 



(3) Ihe canals known as Canals No. J^ 2^ 3 
and 4 in Whitehall Shores. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



Stdluiory Authority G.S. 75A-3; 75A-I5. 

.0313 IIVDE COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters in Hyde County: 

(1) Swan Quarter Canal near the Town of 
Swan Quarter; 

(2) Carawan Canal; 

(3) 1 he waters within 50 yards of all public 
boat launching areas providing access to 
Pamlico Sound; 

(4) Far Creek near the Town of Engelhard. 

Statutofy Authority G.S. 75A-3; 75A-/5. 

.0340 CLRRH LCK COUNTY 

(a) Regulated .Areas. This Rule applies to the 
waters and portion of waters described as follows: 
Bells Island. The waters contained in all 
the canals on Bell's Island. 

Intracoastal Waterway. The portion of 
the Intracoastal Waterway within the 
"slow speed" zone established by the 
United States Army Corps of Engineers 
on both sides of the U.S. Highway 158 
bndge at Coinjock. 

Walnut Island Subdivision. The waters 
in all the canals in the Walnut Island 
subdi\ ision in the Village of Grandy. 

Ncal's Creek I andinsi. Those waters of 



(1) 
(2) 



(3) 



(il 



Cumtuck Sound within 50 yards of Neal's 
Creek I anding as delineated bv appropri- 
ate markers. 



Statutory Authority G.S. 75A-3; 75A-/5. 

.0352 CAMDEN COUNTY 

(a) Regulated iVroa. Areas. 

(1) This Rule applies to Edgewater Canal 
running parallel w ith and along the south 
shore of Camden Point in Camden 
County and the connecting channels to 
Albemarle Sound. 

(2) That portion of the ICW also known as 
the South Mills Shores Canal parallel to 
Bingham Road for a distance of approxi- 
mately 1.01)0 feet to be marked at each 
end bv appropnatc markers. 



1\ otice is hereby given in ace rdance with G.S. 
ISOB-12 that the N.C. State Board of Certified 
Public Accountant Examiners intends to amend 
rules cited as 21 NCAC 8F .0401. 8J .0006 and 
8K .0201. 

1 he proposed effective date of this action is De- 
cember 1, 1988. 

1 he public hearing will be conducted at 9:00 
a.m. on September 14, 1988 at N.C. State Board 
ofCPA Examiners. 1101 Obcrlin Road, Suite 104, 
Raleigh, NC 27605. 

C^ omment Procedures: Any person interested in 
these rules may present oral comments relevant to 
the action proposed at the public rule-making 
hearing or deli\-er written comments to the board 
office not later than 9:00 a.m. on Monday, Sep- 
tember 19, 1988. Anyone planning to attend the 
hearing should notify the Executr\'e Director at the 
Board offices by noon on Friday, September 9, 
1988. 

CHAPTER 8 - BO.\RD OF CERTIFIED PUBUIC 
ACCOUNT.\NT E.XAMINERS 

SUBCHAPTER 8F - REQUIREMENTS FOR 

CERTIFIED PUBUIC ACCOUNT.ANT 

E.XAMINATION AND CERTIFICVFE 

APPUICANTS 



SECTION .0400 - EXPERIENCE 



.0401 



GENERAU EXPERIENCE 
REQUIREMENTS 

(e) An applicant who obtains experience in a 
properly registered lirm of certified public ac- 
countants will be considered as having met the 
direct supervision requirement, provided the ex- 
perience affida\it is signed by the d esignated of- 
tice supervisor or other licensee who holds an 
ownership interest m the linn. /\n applicant who 
obtains experience outside a linn of certitied 
public accountants must provide documentation 
indicatmg in detail how the direct supervision 
requirement has been met. 

Statutory Authority G.S. 93-12(3); 93-12(5). 



472 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SLBCHAPTKR 8J - RENEWALS AND 
REGISTRATIONS 

.0006 SLRRENDEREI) CERTIFICATES 

(c) A person who desires to reinstate his sur- 
rendered certificate shall make application and 
provide the following to the board: 



.00//, .0014; I4H .00/2; /4/ .0/07, .0/09, .0302; 
/4J .0103, .0/06, .0204 - .0206, .0305; /4L .0/0/, 
.0/05, .030/. 



(1) 
(2) 



(3) 



payment of the current certificate fee; and 
certificates of moral character and en- 
dorsements as to eligibility signed by three 
certified public accountants holding cer- 
tificates gr;mted by any state or territory 
of the United States or the District of 
Columbia; and 

evidence of satisfactory completion of 40 
hourr . &f acc t^ ptablo CPlj oouroos during 
tht* tWL'lvL ' month period immc'diatoly 
procoding tbe lic e nfit ' c's application fe* 
roinotutomont. the CPF. requirement de- 
scribed in 21 NCAC HG .0407. 



(d) The certificate may be reinstated in the 
discretion of the board. 

Statutory Authoritv G.S. 93-/2(5); 93-/2(8a); 
93-/2(8b). 

SUBCHAPl ER 8K - PROFESSIONAL 
CORPORATIONS 

SECTION .0200 - PRACTICE PROCEDURES OF 
PROFESSIONAL CORPOR.VHONS 

.0201 CORPORATE NAMES 

The corporate name of a professional corpo- 
ration registered under these rules r . hull inoludo 
only #H* namoo ef e«« »f moro »f ttn* proDunt ef 
former F i haroholdurf . e+ ef partnero aoLiooiatod 
with a predecoE i sor accounting fiffft a«4 shall 
contain the wording "corporation," "incorpo- 
rated," "limited," "company," "professional cor- 
poration," or "professional association," or an 
abbreviation of either of the foregoing, "Corp.," 
"Inc.," "Ltd.," "Co.," "P.C," or "PTa.". The 
use of "CPA" or "Certified Public 
Accountant(s)" in the corporate name is encour- 
aged, but not required. The name shall also meet 
the requirements in 2j_ NCAC 8G .0305 and 
.0306. 



Statutory Authority 
93-12(3). 



G.S. 55B-5; 55B-/2; 



**-k**-k***-k*i:*-k ■>:*** 



lyotice is hereby given in accordance with G.S. 
I50B-/2 that the N.C. State Board of Cosmetic 
Art Examiners intends to adopt, amend, repeal 
regulations cited as 2/ NCAC /4D .0303; /4G 



1 he proposed effective date of this action is De- 
cember /, 1988. 

1 he public hearing will be conducted at /O.OO 
a.m. on September /4, /988 at N.C. State Board 
of Cosmetic Art Examiners, 4/0/ North Blvd., 
Suite H, New Hope Center, Raleigh, North Ca- 
rolina 27604. 



Co 



■ omment Procedures: Any person may request 
information or copies of the proposed rules by 
writing or calling Vicky R. Goudie, Executive 
Secretary, N.C. Stale Board of Cosmetic Art Ex- 
aminers, 4/0/ North Blvd., Suite H, Raleigh, 
North Carolina 27604, (9/9) 790-8460. Wriaen 
comments on these rules may be sent to Mrs. 
Goudie by September /4th at the above address. 
Written and oral (for no more than ten minutes) 
comments on these subjects may be presented at 
the hearing. Notice should be given to Mrs. 
Goudie at least three days prior to the hearing if 
you desire to speak. 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SUBCHAPTER 14D - CONDUCT OF THE 
CONTESTED CASE 

SECTION .0300 - SUBPOENAS 

.0303 SERVICE OF SUBPOENAS 

(a) Subpoenas may be served in any manner 
pro\ided by law. 

f4-) by ftR w mploy i ^o ef t4»e board; ef 
(4) by- ihe sh e riff »f tfee county m which th<* 
p e rson oubpoonaod r e sid e s, wh i gn A« 

sheriff's sep i 'ico fot»r 

(b) Subpoenas shall be issued in duplicate with 
a "Return of Service" form attached to each 
copy. The person serving the subpoena shall fiU 
out the "Return of Service" form for each copy 
and promptly return one copy of the subpoena 
with the attached "Return of Service" form 
completed to the board. 

Statutory' Authority G.S. 88-23; /50B-27. 

SUBCHAPTER 14G - REQUIREMENTS FOR 

THE ESTABLISHMENT OF SCHOOLS OF 

COSMETIC ART 

.0011 CHANGE OF LOCATION OR 
OWNERSHIP 



NORTH CAROLINA REGISTER 



473 



PROPOSED RULES 



If the location of the school is changed, a new 
letter of approval wiU he necessary", or if there 
is a transfer of ownership »f managem e nt of the 
school, either by sale, lease or otherwise, a new 
appro\'al application is required. Tb<? fxmia chaU 
t>«» r e poi1t > d within 4-0 days »f r . uch chang e te- A» 
board, itfi4 application made fo* 1 titt e r trf ap- 
provui. The f . chool mu^ . t mwt tlw C i omc? condi 
tion ^ ' i *h4 rcquircmontri as a ftew boauty uchool 
m- ordt ' r t^ obtain a It ' ttL ' r ei appros al. ¥be lottor 
»i appros'ol FHay bt» retroactix' e te ti*e date ef 
chango t+f fraction the re fore, if t4*e i i chool wae ift 
operation under a valid letter ef approval at ttee 
time ©f t+»* chango aft4 if ti** application fof a 
ft«w letter evf approval k timely made. 

Statutory- Authority G.S. SS-23. 

.0014 SCHOOL AFFILIATION WITH BEAUTY 
SHOPS AND OTHER BLSINESSES 

Beauty shops or any other business shall not 
be operated m- connection vrith boautv ochoolo 
Bf colleger,. ft^-fe* te 24- NCAC 44G rOW^ 
within the dehned area of an approved beauty 
school or college. Beauty shops or anv business 
operating adiacent to an appro\ed beauty school 
or collc'je shall be separated by a solid wall, lloor 
to ceiling, with a separate entnince. 

Statuton- Authority G.S. 8S-23. 

SLBCHAPTER I4H -S.AMTATION 

.0012 CLEANLINESS OF CLINIC AREA AND 
SLPPLIES AND EQLiPMENT 

(a) The cUnic area shall be kept clean. 

(b) Waste material shall be kept in suitable 
covered receptacles. The area surrounding the 
waste receptacles shall be maintained in a neat 
and sanitary manner. 

(c) Sanitation rules which apply to towels and 
cloths are as follow: 

(1) Separate and clean towels shall be used for 
each patron. 

(2) After a towel has been used once, it shall 
be discarded and placed in a clean, closed 
container until properly laundered. 

(3j Clean towels shall be kept in a closed ca- 
binet, free from dust or dirt, until ready 
for use. 

(4) Chair cloths and shampoo aprons shall 
be kept clean and shall not be allowed to 
come in direct contact with the patron's 
neck. 

(d) The head rest of an operating chair shall 
be covered with a clean towel or other sanitary 
covering before being used. 

(e) At least six combs and brushes must be 
pro\ided for each operator. All combs and 



brushes shall be thoroughly cleansed after each 
use in the foUowing manner: 

(1) They shall be cleaned with soap and hot 
water; 

(2) They must be sanitized by being covered 
for 20 minutes in a five percent phenol, 
70 percent alcohol, and ten percent Lysol 
solution; Chlorine solution. 

(3) They may be sanitized by being covered 
for 30 minutes in other sanitizing sol- 
utions approved by the North Carolina 
State Board of Cosmetic Art Examiners; 

(4) They must be removed from the solution 
and dried thoroughly with a clean towel 
and shall be in a closed container until 
used. 

Statutory! Authority G.S. 8S-23. 

SLBCHAPTER 141 - OPER.\TIONS OF 
SCHOOLS OF COSMETIC ART 

SECTION .0100 - RECORD KEEPING 

.0107 ENROLLMENT WITH STATE BOARD 
OFFICE 

(a) Matriculations shall be fded in the office of 
the North CaroUna State Board of Cosmetic Art 
Examiners not later than 30 days after the stu- 
dent enrolls in school. If enrollment is not re- 
ceived within 30 days, a copy of daily time 
records are required. 

(b) Students who have not been properly en- 
rolled with the state board office will not be ac- 
cepted for the examination given by the board, 
and no hours will be credited by the board. 

(c) North Carolina State Board of Cosmetic 
An Examiners statement of purpose for Cosme- 
tology' Education shall be given to each student 
at time of enrollment. Receipt of this must be 
signed by student and returned along with the 
enrollment to the State Board Office, 4101 North 
Blvd.. Suite H, Ralei.gh, North CaroUna 27604. 

Statutory Authority G.S. SS-23. 

.0109 GRADL'.\TION 

(a) The manager of each school shall compile, 
from the school records, a summary of each stu- 
dent's grades, hours, live model performance 
completions, date of enrollment and last date of 
attendance which shall be presented to the stu- 
dent upon graduation or the last date of attend- 
ance. 

(b) This summaPj' shall be signed by the man- 
ager, instructor, and student; and shall have the 
seal of the beauty school affixed. 

(c) L pon graduation, this summary is to be 
mailed to the North Carolina State Board of 



474 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(_\)Mnctolo,try f',xaminers address on a form fur- 
nished bv the board. 

Statutory Authority G.S. 88-23. 

SECTION .0.^00 - CLASSROOMS 

.0302 LIBRARY 

(a) A small Librar>' of reference books shall be 
made available for the students use, covering ali 
the major etlinic cultures. 

(b) In addition to the textbooks used, the li- 
brary shall contain a standard dictionary, a med- 
ical dictionar\' and any other books relative to all 
fields of Cosmetology. 

Statutory Authority G.S. 88-23. 

SLBCHAPTER 14.1 - CLRRICULUM 

SECTION .0100 - BEGINNERS' DEPARTMENT 

.0103 TIME REQUIREMENTS ACCORDING 
TO HOLRS 

(a) The maximum time a student is allowed to 
stay in the beauty school in any one day shall be 
eight clock hours, and no more than 40 hours per 
week. 

(b) At no time shall a student be credited with 
more than eight hours in any one day and hours 
earned on one date cannot be credited to another 
day. 

(c) Each student must complete 1200 hours in 
an approved beauty school or college before ap- 
plying to the board for examination, except those 
students enrolled for the manicurist course only. 

(d) Each student shall spend 300 hours in the 
beginners' department before entering the ad- 
vanced department and shall not work on mem- 
bers of the public during this 300 hours. 

(e) Hours earned in the beginners' department 
shall be devoted to scientific study, sanitization 
and mannequin practice as outlined in 21 NCAC 
14J .0104 and .0105. 

(f) Manicuring practice in this department shall 
be done on the students enrolled in the school 
during the first 300 hours. 

Statutory Authority G.S. SS-23. 

.0106 EQUIPMENT FOR BEGINNERS 

The beginners' department shall be equipped 
with the following minimum equipment for every 
20 students in the department: 

(1) one manicure table and stool, 

(2) two shampoo bowls and chairs, 

(3) two hearing heating caps, 

(4j one mannequin with hair per student, 



(5) three marcel heaters, three electrical marcel 
curling irons, 

(6) one slide projector and slides, 

(7) one mannequin practice table to accom- 
modate at least ten students, 

(8) sufficient cold wave rods for each student 
in the department. aft4 

f^ twe otoQinor ettps pressing comb p«r iit«- 

Stalutoty Authority G.S. 88-23. 
SECTION .0200 - ADV.\NCED DEPARTMENT 

.0204 COURSE WORK REQUIREMENT 

The course work done by advanced students 
shall be as follows: 

(1) lectures on scientific study— 10 hours; 

(2) chemistry, as necessary to the practice of 
cosmetic art-- 10 hours; 

'3) anatony— 10 hours; 
1 4) bacteriology— 10 hours; 

(5) skin, scalp, hair, nails and their common 
disorders--20 hours; 

(6) grooming and personal hygiene— 5 hours; 

(7) pin curling, fmger waving, rollers and 
combing--25 hours; 

(8) electrical marcel curling iron and blow 
dr>'ers-20 hours; 

(9) permanent waving, marcelling, croquignole 
or hair relaxing--35 hours; 

(10) hair coloring and bleaching--25 hours; 

(11) salesmanship-- 10 hours; 
manicuring-- 10 hours; 
cosmetics— 10 hours; 
scalp treatments-- 10 hours; 

roller placement and pin curl placement 
and directional waving for design-- 10 hours; 

(16) wig care and styling— -W 2 hours; 

(17) frosting and streaking-10 hours; 

(18) professional ethics— 10 hours; and 

(19) sanitation and sterilization-20 hours. 

Statutory Authority G.S. 88-23. 

.0205 LIVE MODEL PERFORMANCE 
REQUIREMENTS 

(a) The following live model performance 
completions shall be done by each student in the 
advanced department before the student is certi- 
fied to the North Carolina State Board of Cos- 
metic Art E.xaminers for the examination: 

(1) hair and scalp treatments— 30 hours - 15 
performance completions; 

(2) hairstyling and shampooing--200 hours 
— 150 performance completions; 

(3) tinting and bleaching--50 hours -- 6 per- 
formance completions; 



(12) 
(13) 
(14) 
(15) 



NORTH CAROLINA REGISTER 



475 



PROPOSED RULES 



(4) frosting and streaking--20 hours -- 4 per- 
formance completions; 

(5) temporary rinses-- 10 hours -- 20 per- 
formance completions; 

(6) semi permanent rinses--5 hours — ^ 4 
performance completions; 

(7) cold permanent waving-- 150 hours -- +© 
20 performance completions; 

(8) marcelling, croquignole and permanent 
relaxing--35 hours-- 15 performances; 

(9) facials, massages, packs, eyebrow arch- 
ing-- 15 hours — 10 performance com- 
pletions; 

(10) lash and brow tinting-- 10 hours -- 4 per- 
formance completions; 

(11) manicuring and hand and arm massage- 
-20 hours -- -W 20 performance com- 
pletions; 

(12) hair shaping-- 100 hours - 25 perform- 
ance completions; and 

(13) wig care and styling-- 34> 4 hours — +0 2 
performance completions; and 

(14) electncal marcel curling iron and blow 
dr\crs--10 hours-- 10 performances. 

(b) Certification of these live model perform- 
ance completions wiU be required along with the 
appUcation for the examination. 

Sldtutoty Authority G.S. 88-23. 

.0206 KQL IPMF.NT IN .ADVANCED 
DKPARIMENT 

The advanced department shall be ecjuipped 
with the following minimum equipment: 

(1) four manicure tables and stools, 

(2) eighteen dr>'crs and chairs, 

(3) eight shampoo bowls and chairs, 

(4) three heating caps or one conditioning ma- 
chine, 

(5) thirty dressing tables and styling chairs, 

(6) three facial chairs, 

(7) ^ three marcel heaters, 

(8) marc e l irons fof each f . tudcnt onroUed, three 
marcel irons, and 

(9) sufficient cold wave rods for each student 
enrolled in the department. 

Statutory Authority G.S. 88-23. 

SECTION .0300 - COMBINED STUDIES 

.0305 TEACHING PROGRAM (REPEALED) 

Statutory Authority G.S. 88-21 ( 16). 

SUBCHAPTER I4L - TEACHING STAFF 
SECTION .0100 - TEACHER EXAMINATIONS 



.0101 QUALIFICATIONS 

No person shall be eligible to take an examina- 
tion to be certified as a teacher of cosmetic arts 
unless he or she has the following qualifications: 

(1) at least five years experience as a registered 
cosmetologist practicing cosmetic art in a 
beauty shop immediately prior to applying 
for examination; and 

(2) is a licensed cosmetologist who has prac- 
ticed as a registered cosmetologist in an ap- 
proved beauty salon at least six months and 
has completed at least 400 hours of teacher 
training in an approved beauty school or 
college, consisting of the following: 

(a) to 200 hours orientation unit planning, 
daily lesson planning and cliiuc manage- 
ment plarming all under the supervision 
of a licensed instructor; 

(b) 200 to 400 hours to be used by the trainee 
in conducting theory classes, practical de- 
monstrations and clinic management un- 
der the direct supervision of a licensed 
instructor; 

(3) must be registered with the board before 
entering the teacher training program and a 
copy of his/her high school diploma must 
be attached to the enrollment; 



(a) 



(b) 



(4) 



(5) 
(6) 



Under no condition are hours for credit 
retroactive prior to registration with the 
board; 

At no time shall the trainee do clinical 
work in the school; 

must comply with present regulations re- 
quiring a high school diploma or equiv- 
alency; 

must pay ten dollars ($10.00) license fee. 
All teachers taking the State Board Exam- 
ination will be required to take both cultures 
before being issued a license; 
(7) After an applicant has taken the State 
Board Teacher's Examination and failed 
twice, he she shall be required to enroll in 
the 400-hour Teacher Trainmg Program and 
pass the examination with a grade of 85 
percent. 

Statutory Authority G.S. 88-23. 

.0105 CONTINUING EDUCATION FOR 
COSMETOLOGY TEACHERS 

"A teacher has two years to complete 16 hours 
of Continuing Education to renew his/her li- 
cense." 

Statutory Authority G.S. 88-23. 

SECTION .0300 - COSMETOLOGY MANAGER 

.0301 COSMETOLOGY MANAGER 



4-^6 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



The curriculum for a cosmetology manager 
shall be as follows: 

(1) Supervisory Responsibilities 

(a) Hiring and Training — 9 hours 

(b) Public Relations -- 8 hours 

(c) Employee Discipline -- 8 hours 

(2) Business Management 

(a) Banking -- 3 hours 

(b) Basic Bookkeeping — 24 hours 

(c) Payroll -- 10 hours 

(d) Salaries and Commission -- 12 hours 

(e) Appointment Scheduling — 8 hours 

(f) Inventory -- 7 hours 
(i) Control 

(ii) Purchasing 
(ui) Merchandising 

(g) Advertising -- 2 hours 
(h) Insurance -- 2 hours 

(i) Laws and Permits -- 2 hours 

(j) Telephone Techniques -- 1 1 hours 

(k) Salon Floorplanning -- 3 hours 

(3) Health and Public Safety 

(a) First Aid -- 8 hours 

(b) Accident Prevention -- 2 hours 

(c) Fire Codes — 2 hours 

(4) Advanced Hair Coloring 

(a) Indepth Haircoioring -- 39 hours 

(i) Corrective Haircoioring — 17 hours 
(ii) Advanced Color Formulas -- 7 hours 
(ui) Laws of Color -- 7 hours 

(5) Advanced Restructuring 

(a) Advanced Wave Techniques -- 27 hours 

(b) Advanced Straightening Techniques — 22 
hours 

(c) Advanced Relaxing Techniques — 8 hours 

(6) Advanced Cosmetology 

(a) Advanced Hair Analysis — 6 hours 

(b) Advanced Hair Shaping -- 34 hours 

(c) Advanced Thermal Teclmiques -- 6 hours 

(d) Advanced Blow Waving -- 6 hours 

TOTAL HOURS; 300 

Statutory Authority G.S. S8-5. 

****************** 



lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the North Carolina Board of Nurs- 
ing intends to amend rules cited as 21 NCAC 36 
.0301 - .0304, .0309 - .03/0, .03/5 .03/7 - .03/8. 
.0320; repeal rules 2/ NCAC 36 .03/6 and .03/9. 

1 he proposed effective date of this action is 
January I, /989. 



1 he public hearing will be conducted at 2:00 
p.m. on September 28, /988 at Shell Island Resort 
Hotel, Wrightsville Beach, NC. 

(comment Procedures: Any person wishing to 
present oral testimony relevant to proposed 
rule(s) may register at the door before hearing 
begins and present hearing officer with a written 
copy of testimony. Written statements may be 
directed, five days prior to the hearing date, to the 
North Carolina Board of Nursing, P.O. Box 2/29, 
Raleigh, NC 27602. 

CHAPTER 36 - BOARD OF NURSING 

SECTION .0300 - APPROVAL OF NURSING 
PROGRAMS 

.0301 APPROVAL BODY 

The North Carolina Board of Nursing is desig- 
nated as the legal approval body for nursing 
programs. The board is required to evaluate pe- 
riodically each program in the light of require- 
ments of the law and standards set forth by the 
board. To fulfill this responsibility, the board's 
representatives visit and survey nursing programs 
and associated agencies. The board reviews the 
reports of survey and other records relating to 
each program and determines roquiromunto ef the 
Idw afi4 standards ef as required by the board. 

Statutory Authority G.S. 90-/7/. 23 (b) (8); 90- 
/7/.23 (b) (9): 90-/71.23 (b) (10); 90-171.38, 
90-17/. 39; 90-/7/. 40. 

.0302 ESTABLISHMENT OF A NURSING 
PROGRAM 

(a^ The controlling institution mu st ^ve evi- 
donoo ©f a continuing oommitmont te- provid e 
thooo rofiourooo, human, physical, aft4 financial, 
aft4 sefviees ossontial to maintain otandardo pfe- 
ocribod by the board. 

(b^ Dolinoation ef authority, responsibility aH4 
accountabLLity at ali l e v e l s m the institution as 
thoy affoct the nursing program must be stated. 

be dologatod te- a rogistorod nurso qualified to 

L^L 1 T f CTTj CTTT^^CTT^rrr I I LI~ CITTTTTTTTTTTf j i 1 UU I ^TTCTTTTTTTTTtTCT 

responsibilities fof maintaining standards aft4 
other legal roquiromonto m aH areas ©f the pF©- 
gram. 

aft4 practicoo afe implemented. 

(a) An institution desiring to establish a nursing 
program shall submit an application that in- 
cludes: 

(1) A feasibility study documenting the fol- 
lowing: 



NORTH CAROLINA REGISTER 



477 



PROPOSED RULES 



(A) approval of the program by the gov- 
cmin.a body of the parent institution; 

(B) need lor program: 

((-') proposed student population; 
(D) projeeted student enrollment; 
(I:) available elinical rcsourees and maxi- 



mum numbers of students that can be ac^ 
commodated in clinical areas: 



(F) evidence from existing nursing pro- 
grams of the potential impact of the pro- 
posed program on clinical resources; and 

(G) a plan with a specified time frame for 
a\ailabilit\ of: 

(i) quahfied faculty as specified in stan- 
dards; 
(ii) financial resources; 



(2) 



( 111 ) physical facilities in the institution to 

house the program: and 
(iv) support senices available to the 
program from the institution. 
_ A report prepared bv the director of the 
proposed program and facult\' providing: 

(A) a narratiN e descnption of the organiza- 
tional structure of the program and its re- 
lationship to the conlrtMling institution: 

(B) a general oveniew of the proposed total 
curriculum that includes: 



(i) program philosophw purposes, and 

object i\es competencies: 
(ii) sequence of both nursing and non- 
nursing courses, indicating prerequisites 

and corequisites: 
(iii) course descnptions and course ob- 

iecti\es competencies for all courses; 

and 
(iv) course svHabi as specified in 21 

NCAC 36 .0309(h) for all first -year 

nursing courses: 

(C) policies consistent with standards for 
admission, progression, and graduation of 
students; 

(D) curriculum vitae for employed nursing 
faculty members whose numbers and 
qualifications are consistent with assigned 
responsibilities in the de\elopment of the 
program: and 

(E) proposed agreements with cLinical 
agencies, including types of units available 
and number of students that can be ac^ 
commodated m each area at one time. 



(b) Ihe completed application must be sub- 
mitted to the board not less than W da\ s prior 
to a regular meeting of the board to allow for: 

( 1) sun'e\" of the proposed program and facil- 
ities; 

(2) preparation of the report of the survey^ 

(3) response t£ the sur\e\' report bv persons 
from the proposed program; and 



(4) resiew by the Education Committee of the 
Board for recommendations to the board. 

(c) At a meeting, ihe board shall consider all 
evidence, including the application. sur\ey re- 
port, and recommendations of the Iducation 
Committee. Representatives of the petitioning 
institution may speak at the meeting. The board 
shall act upon the data available at the meeting 
or at a subsequent meeting. 

(d) If the board linds, from the evidence pre- 

J and plans meet re- 

for 



scnted, that the resource 



quirements 



establishing a new 



program, that the petitioning institution is able 
and willing to maintain support and resources 
essential to meet the standards of the board, and 
if the first class of students is enrolled within one 
year after this finding, the board shall grant initial 
appro\al and place the name of the program on 
the list of programs with initial approval for a 
minimum specified period of time. The period 
of time a program may retain initial approval 
status shall be influenced bv the length of the 
time necessary for full implementation of the 
program. A program shall be considered eligible 
for removal from the list of initialh' appro\ed 
programs and placement on the list of approved 
programs following a survey during the final 
semester quarter term of total curriculum imple- 
mentation. 

(e) Programs with initial appro\'al shall be 
surveyed as follows: 

( 1) annually during the specified period of in- 
itial approval: 

during the final semester/quarter term or 
complete implementation of the program; 
as directed by the board when a decision 



121 



ih 



has been made that the program is not 
comphing with standards. 
Followmg any survey the board will act 



upon data from the following: 

( 1) a report of the sun, ev; 

(2) response from the program representatives 
to the survey report; and 

(3) recommendations from the Education 
Committee. 



(g) I'pon tinding bv the board that the pro- 
gram complies with standards, the board shaU 
direct that the program remain on the list of ini- 
tiaUv approved programs. If, following the sur- 
vey during the fmal semester quarter term for 
total curriculum implementation, the board fmds 
that the program is complying with all standards, 
the board shall direct that the program be placed 
on the lis^ of appro\'ed programs. 

(h) Upon fmding by the board that the pro- 
gram does not compK' with all standards bv the 
final semester quarter term of initial appro\al. 
the board shall: 



47S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) provide the program with written notice 
ot the hoard's decision; 

(2) upon written request from the program 
submitted within ten days of the board's 
written notice, schedule a hearing. Such 
hearing will be held not less than 20 days 
from the date on which the request was 
recei\cd. 

(i) FoUowint^ the hcanng and consideration of 
all evidence provided, the board shall direct that 
the name of the program be placed on the list of 
appro\ed programs or shall enter an ORDHR 
remo\ing the name of the program from the list 
of initially approved programs, which shall con- 
stitute discontinuance of the program. 

Statutory Authority G-S. 90-171 .38. 

.0303 EXISTING M RSING PROGK.AM 

(*) Both full tuTii * etft4 part time mumbors shall 
b« coii ' .udorod nuriing program fuoulty. 

fb) Policic'ii fof nur - jing program faculty f . hoU 
rofloct thooo ef tbe iu ' ititution; howoH'or, van 
ationo » thooo policioj . may h% noct ' sf i ar .' booauoo 
ef i^ natur e of tlw nurr . ing curriculum. 

fe) Faculty quulificutionQ i»«*t be stated; qual 
ifications fof nurs e faculty must includo abilities 
afi4 oxporioncos m clinical nursing aft4 toucliing 
roquirod by the program objoctivos. 

fd} Faculty ' ■ vho toach non nursing coursos Fe- 
quirod in- tlw nursing curriculum must hav e af>- 
propriat e academic a«4 o.\poriontial qualifications 
fof tbe program ar e as wi ' . ' ■ hich tbey participate). 

fe^ Each nurse faculty mombor must be e«f- 
rontly liconsod a* a rogistorod nurse m North Ga- 
rolina. 

(1^ Each nuroo faculty mombor must hold a 
baccalauroato ift nursing »f a baccalaureat e with 
a major » nursing. F?icoptions: 44+e nurso foe- 
Hky mombor VrW holds a master's dogroo ift 
nursing aft4 a baccalauroato m another ( 



the nurso currently employed as a faculty m e m 
bef e» January 4-r 198 ' 1 who holds a baccalau 
roato ift another discipline; the nurs e faculty 
member ' ■ ' ■ 'ho , e» .lanuar) ' +7 1981, dees ft»t- hold 
a baccalauroato must achieve t446 dogreo ' ■ vithin 
si* years. 

fg) Each nurso facult)' member employ e d after 
January 4-7 19S ' l, shall hav e bad a minimum ef 
twe y e ars prior employment » direct patient 

(h) The nurs e director of a practical nurse e4- 
ucation program employed as such aft e r January 
4-r 1981, shall have had at least tw+^ years expori 
e nco t e aching » nursing program(5) i» addition 
te qualifications stated ift (4^ aft4 fg) »f this Rule. 

(t) 4-he nurso dir e ctor trf a program pr e paring 



e arn e d baooalauroat e aft4 master's dogroon, ©fte 
ef w hich shall be vet nursing. ¥he nurse director 
employed as ouch »» January 4-; 19 8' 1, "A^te- do e s 
ftftt- hold efte ©f those dogroos ift nursing, must 
achio' . 'o such dogroo within si* y e ars ef January 
47 198^1. The nurs e director e mployed as such 

O 4tf1T- 1 i-U-i 1 1 --U-l 1 1 1 Q V .1 |- rt •"! I 1 t-t --H f 'T- r\ ■■> A r-li 1 n r1 C- t t < 1 F ."> 

years oxporionco touching at- »f abose t4*e level 
ef the program. 

fj-^ The faculty member ift a program preparing 
individuals fof registered nurse practico ■■vhe h«s 
primary responsibility designated by the program 
fof planning, implementing, aft4 evaluating each 

rr\ '1 t 1-1.1- .^\t r-\i i~'r-i\ «T -1 » «- 1- « «^ i-» j^.-i i i »-.-. \ t~ l-» •-■ I 1 Vn ^ I , i .-i tt .i ■-» .-»-■ .-. .J 

master's dogroo witltin si* years »f January 4-7 



(4c^ The nurso faculty must have appropriato 
authority aft4 responsibility fof student admis 
sions aftd progr e ssions; the curriculum, ks ift*- 
plementation aft4 evaluation; aH4 graduation 
requirements. 

(4)- The teacher student ratio ift clinical ar e as 
depends upon t4*e level ©f students, t4»e acuity »f 
patients, aftd t4*e as'erag e daily census ift t4¥e unit. 
This ratio shall be 4-TO ef lessr lixceptions t» 
excoou me i . i u raiio snau do suoniii leu vrftft uo 
cumented sufticient justification fof board ap- 
proval. 

ffft^ There shall be documentation ef annual 
o' ^ aluation ef the offecti' ^ oness e4^ each indi' . idual 
faculty member. 

(a) Representatives of the board will survey 
approved programs at least every five years as 
specified m G.S. 90-171.40. 

( 1) Surveys of indn'idual programs may be 
conducted at shorter inter\-als upon the 
board's direction or upon request from 
the individual institution. 

(2) Through December .31, 1989, surveys shall 
be done within one year for those pro- 
grams whose graduates demonstrate a 
pass rate of less than 70 percent on tirst 
writing of the licensure examination at a 
single examination session by a regular 
graduating class. 

(3) Effective January 1, 1990, surveys shall be 
done within one year for those programs 
u'hose graduates demonstrate a pass rate 
of less than 75 percent on first writing of 
the licensure examination at a single ex- 
amination session by a regular graduating 
class. 

(b) The program shall receive a written report 
of the survey no less than ten business days prior 
to a regularly scheduled Education Committee 
meeting to allow time for the program to respond 
to the survey in writing. 'Fhe I'ducation Com- 
mittee shall consider all e\'idcnce, including the 



NORTH CAROLINA REGISTER 



479 



PROPOSED RULES 



suncx report arni proirram's response, and make 
recommendatuins tor the hciard s consideration 
at the next reizularh" scheduled meeting of the 
board. 

(c) |f the board determines that a program has 
met all standards, the board shall direct that the 
name ot the program be placed on the list of ap- 
proNcd programs. 

(d) \\_ the board detemiines that a program has 
substantialh' complied \\\\.\\ all standards, the 
board shall speci^N' stipulations \'.hich shall be 
met bv the program within a designated period 
of time, which shall not exceed 12 months, and 
sh;iJl direct that the name of the program be 
placed on the list of appro \'ed programs. 

(e) ]f the board detemiines that a program is 
not compKmg with standards and or stipulations 
following a routine or board-directed survey, and 
the board has directed that the name of the pro- 
gr^im be placed on the lis[ of provisionalh" ap- 
pro\ ed programs, the board ^hall gi\e \sntten 
notice b\ certified or registered mail to the pro 



gram specit\ing: 

( 1 ) the areas in which there is non-compliance 

with standards and or stipulations: and 
(2) a time no later than 12 months from the 

date of notice bv which the program must 

compK' with all standards. 

(f) At the end of the specified time, reprcsen- 
tati\'es of the board shall conduct a' sune\' to 
determine the program s compliance \\ ith all 
standards. 

(g) The program shall recen e a written report 
of the sur\e\" no less than ten business da\s pnor 
to a regularh' scheduled I'ducation Committee 
meeting to allow time for the program to respond 
to the sune\' report in wnting. The Education 
Committee shall consider all e\'idence. including 
the sur\ev report and program's response, and 
make recommendations for the board s consid- 
eration at the next regularh' scheduled meeting 
of the board. 



(h) If the board determines that the program 
is comph'ing with all standards, the board shall 
direct that the name of the program be placed on 
the list of appro\ed programs. 

(i) If the board detemiines that the program is 
not compKmg with all standards, the board shall 
direct that the name of the program be placed on 
the list of probationalh' approved programs. 

(i) The board shall direct that the name of a 
program be placed on the hst_ of probationallv 
approved programs upon llnding that the pro- 
gram has continued in non-compliance with 
standards contained in the ofticial notice from the 
board. 



(k) \Micn the board has directed that the name 
of a pro'jam be placed on the list^ of probation- 
allv approved programs, the board shall: 

( 1 ) determine il the program may continue to 
admit students based on e\idence that the 
program can compK with all standards 
belore the end cM' the designated penod for 
probational appro\al: 

(2) pro\ide the program with written notice 
ot the board s decision regarding proba- 
tional appro\-al and admission of students: 

(3) schedule a hearing if the program submits 
a wnttcn request for such within ten bu- 
siness davs of the receipt of the board s 
notice. Such heanng shall be held not less 
than 20 da\s from the date on which the 
request was received^ 

(1) II the program does not request a heanng, 
the prc\gram will remain on the Hst of proba- 
tionallv approN ed programs and shall be suneved 
bv representatives ot^ the board within one \ear 
ot the board s initial detennination of proba- 
tional appro\al. 

(ml If the program so requests, a hearing will 
be scheduled. 



( 1) I2 the board determines from e%idence 
presented at the heanng that the program 
is compKing with all standards, the board 
shall direct that the name of the program 
be placed on t]ie list of appro\ed pro- 
grams. 

(2) ]f the board determines from e\'idence 
presented at the heanng that the program 
is not complying with all standards, the 
program shall remain on the hst of pro- 
bationalh' appro\ed programs for no 
more than one \ear from the date that the 
name of the program w as placed on the 
list of probationalh appro\'ed programs. 
A sunev bv representati\es of the board 
shall be conducted during that specified 
time. 

(n) 1 he program shall receive a written report 
of the sur\'e\' no less than ten business da\ s prior 
to a regularh' scheduled 1 ducaiion Committee 
meeting to allow for the program to respond to 
the 5ur.'ev report m writing. The hducation 
Committee shall consider all e\'idence. including 
the suneN report and program's response, and 
make recommendations for the board s consid- 
eration at the next regularly scheduled meeting 
of the board. 

(o) If the board determines that the program 
is compi' ing with all standaras. the board shall 
direct that the nanie of tjic program be placed on 
the lis[ i^ approxed programs. 

ip) |f t_he bcxird detennines that the program 
IS not comphing with all standards, the board 



^<sy; 



AORTH CAROLINA REGISTER 



PROPOSED RULES 



shall cause notice to be served on the program 
and shall specify a date for a hearing to be held 
not less than 20 days from the date on which 



notice IS aven. 



(q) If the board determines from evidence pre- 
sented at the hearing that the program is com- 
phing with all standards, the board shall direct 
that the name of the program be placed on the 
list of appro\'ed programs. 

(r) If the board determines from evidence pre- 
sented at the hearing that the program is not 
complying with all standards, the board shaU en- 
ter an ORDFR removing the name of the pro- 
gram from the list of programs on probational 
approval. This action constitutes discontinuance 
of the program. 

Statutory Authority G.S. 90-171.39; 90-171.40. 

.0304 ADMINISTRATION 

(a^ Students ift nursing programs must moot 
roquiroments ostablishod by- Ae controliift g inoti 
tution. Thoro may be additional r e quirem e nts 
fef nursing stud e nts b e caus e &f tfee nature afi4 
legal rosponsibilitios ©f nursing oducation aH4 
nursing practic e . 

fb-^ Admir . sion rL ' quiromonts aft4] 
be stat e d cl e arly »ft4 published by tbe i 
institution aR4 must includo tbe following ele- 
mento; 

(4-^ Criteria fef screening applicants fof a4- 
mission to- » nursing program must i«- 
cludo assessment ©fe 
(A) physical aft4 emotional health which 
would indicate applicant's ability te- pro 
vi4e *afo nursing eafe te Ae public; aft4 
(^ achiovomont potontial within t4ie nurs 
iftg program through tbe H*e ©4 pr e s'ious 
academic records a«4 pre entrance oxam 
ination cut off scores ' . ' i hich afe justifiabl e 
i» Light »f curriculum demands aft4 scho 
lastio e.spootations; aft4 
(€^ r e cords ef bi^ school graduation ef 
equivalent. 
f3) Student enrollment must ft©* exceed a 
lo' i 'el comm e nsurat e witfe tbe total re- 
sourcos availabl e te tbe program. &t- 
pansion ©f enrollmont must be approved 
by ibe board. 
(«^ Written progression policies aft4 praotioeo 
must be established t«- facilitate idontirioation ©f 
aft4 allow fof dismissal ©f stud e nts who: 

(-1-) present problems ift physical ©f emotional 
health which 4e »&t- respond te appropri 
ate treatment, counseling, ©* treatment 
aft4 counseling, ' ■ sithin a r e asonable pe- 



(3) domonotrato bohavior which conflioto wrtb 
oofoty essential te nursing practice. 

(4) Criteria fef progression through a program 
must clearly dofino tfee level ©f porformanoo f©- 
quired t© pass each oourso i» tbe curriculum, tbe 
level at- ' ■ ■ ■ 'hich failur e ©f tbe course is d e tenninod, 
aft4 tbe level ©f performa ft&e required m proreq 
uisite courf.e 6 fof progrosoion t» subsequent 
course} ; 3? levels. Those criteria must apply t© 
both f:-. 6cr e tical aft4 clmical components ©f 
nursing courses. Criteria fof performance m 
clinical nursing couroos must includo compoten 
eies isf components ©f basic nursing practice sts, 
l e gally defmod fef tbe lic e nsure l e vel. 

(e^ Policies fof graduation must be m accord 
vrttb outcomes expected ©f aft individual » 
nursing practice as legally d e fmed fof tbe licen 

r-11 j-r^ 1 1 1 T ■ . -. 1 

(4^ Implementation ©f tbe nursing program 
must result ift r^ less than W percent ©f tbe 
graduates passing tbe licensing examination ©» 
fest writing. Stjt years aft e r Januap . ' -H 1981, tbe 
required pass Fate will be ^ percent. 

fg) Policies fof transfer ©f credits aft4 fo* ad- 
mission t© advanced standing must be stated and 
must pro'iide that: 

(4^ general admission, progression aft4 gradu 
ation requirements ©ftbe nursing program 
apply t© tbe applicant; 
f3) tfee nursing program shall d e termine tbe 
total number ©f nursing courses aft4 crod 
its allowed fo* advanced standing. 

(a) The controlling institution must give evi- 
dence of a continuing commitment to provide 
those human, physical, and fmancial resources 
and ser\'iccs essential to maintain standards pre- 
scribed by the board. 

(b) Delineation of authority, responsibiUtv and 
accountability at all levels in the institution, as 
they affect the nursing program, must be stated. 

(c) Authority for direction of the program must 
be delegated to a registered nurse qualified to 
serve as director. This authority must encompass 
responsibilities for maintaining standards and 
other legal requirements in aU areas of the pro- 
.gram. 

(d) Evidence must exist that established policies 
and practices are implemented. 

Statutoty Authority G.S. 90-171.23 (b) (8); 90- 
171.38. 

.0309 FACULTY 

(a^ ?4ie curriculum shall be plann e d bv nurs e 
faculty afi4 shaU be m keeping witfe tiie stated 
purposes ©f tbe program. 

(b^ Tbe curriculum shall include, btrt H©t- nee- 
essarily be limited ter instruction m biological. 



NORTH CAROLINA REGISTER 



481 



PROPOSED RULES 



pliy ^ iioal. aft4 Dooial ocionoo prinoiploo aft4 » 
nur 'i ing ea^e ef individuals aft4 famili e s through 
mrt A*» Itfe cycl e aft4 »f porr i ono wtfh common 
m e dical tH*4 surgical oonditiono. inc . truction m 
nursing eafe wt ait areas namod shall includo both 
thoor> ' aft4 clinical learning oxporionces. 

fe^ ?4*e curriculum fof a nursing program i^ 
signed ttv prepare purL . ono fof registered nurse b- 
cen ' - ' ur e ^ i hall »!«» includ e instruction m tfee 
nursing eafe e4 persons with mental emotional 
disord e rs. Instruction shall include both theory 
afi4 clinical leiuiiing e?iperiencea. 

(4^ -Hw cumculum fof a baccalaureate nursing 
program shall afe» include pubUc community 
health nursing. Instruction shall inoludo both 
theory aft4 clinical learning OKporiences. 

fe^ 44+e cumculum fof a nursing program d«- 
signed k* prepare persons fof practical nurs e li- 
censure shall al*©- include basic mental health 
principles art4 therapeutic communications. 

ff| l.oaniing opportumties must be planned m 
logical sequenc e %» tl^at- prerequisite knowledge 
is pro' i ided prior te ttte expenence te- which it- i* 
baf . ic. Corequisit e s must b<* placed concurrently 
¥rrtl* t4*e experience (course) te which ^et^ relate. 
(-^ Objecti' i es fof e ach course must indicat e tb« 
understanding aft4 olulls expected ef th<? students. 
Those objecti>es must be stated t«T 

f-l4 indicat e the relationship between the 
classroom leammg aft4 the apphcation »f 
A» learning i» the clinical laboratory e^t- 
penence: 
(4^ sop i 'e as criteria fof the selection ©f the 
kind ' - . aft4 locations »f learning oxpori 



ences; 
(4) seFve as a basis 
perionnance. 



fof e' l aluating stud e nt 



(¥} Course outlines must include, ift addition 
te t4*e objecti' i es descnb e d ift Paragraph fe^ »f 
tiws Rul e , a descnption ef content, learning eft- 
vironment !. , acti' . ities. placement, allocation ef 
tim e , aft4 methods ©f e- i aluation ©f student pef- 
fonriance. These items must be stated clearly ift 
order te- relate te- the course objectives. 

fi} There must be e'ridence that each cours e is 
implemented » accordance with the course &«t- 

(^ Nurs e faculty must demonstrate that they 
ha' . e authority aft4 responsibihty fof teaching aft4 
evaluating aU classroom aft4 clinical learning e?«- 
periences. 

(4r)- Classroom aft4 clinical learning experiences 
must be plann e d aR4 implem e nt e d se- that &h- 
jecti' i 'es f4 each cour >. e afe FFtetr Clinical learning 
experi e nc e s must provid e appropriate placement 
aft4 logical sequencing te- support application ©f 
theory aft4 attainm e nt ©f und e rstandings aft4 
sldlls expect e d ift the clinical laborato^y^ 



(4) There must be evidence ©f a» ongoing plaft 
fo+ evaluating the curriculum as it relates t© the 
total program aft4 projected needs fof revision. 
The process ef curriculum evaluation must ifi- 
oludo total faculty involvement; student aft4 
graduate involvem e nt is encouraged. 

(f») Afty proposed curriculum change shall be 
reported t© the board at l e ast 40 days prior t© 
planned impl e mentation. U the change is ift 
overall purpose ©f design ©f the curriculum, the 
propor - ol shall be submitted t© t4*e board ^ days 
prior t© a regular board m e eting aft4 appro' i od 
by the board prior t© implementation. 

(a) Both full-time and part-time members shall 
be considered nursing program faculty. 

(b) Policies for nursing program faculty mem- 
bers shall reflect those of the institution: how- 
ever, variations in these policies may be necessary 
because of the nature of the nursing curriculum. 

(c) Qualifications for nurse faculty members 
must be stated and reflect knowledge and experi- 
ences in clinical nursing and teaching which are 
appropriate for assigned responsibilities. 

(d) I'aculty members who teach non-nursing 
courses required in the nursing curriculum must 
ha\'e appropriate acadeinic and expenential qua- 
lifications for the program areas in which they 
participate. 

(c) Fach nurse faculty member must be cur- 
rently hcensed as a registered nurse in North Ca- 
rolina. 

(f) Each nurse faculty member must hold a 
baccalaureate degree in nursing or a baccalau- 
reate degree with a major in nursing. Exceptions 
are: 

( 1) the individual who holds a master's degree 
in nursing and a baccalaureate in another 
disciphne; 

(2) the individual employed as a faculty 
member prior to January \^ 1984, who 
holds a baccalaureate degree in another 
discipline. 

The individual currently employed who does not 
hold a baccalaureate degree must achieve this 
degree by January _L 1990. 

(g) Each nurse faculty member employed after 
January _1^ 1984. shall have had a minimum of 
two years prior emplo\ment in direct patient care 
as a registered nurse. 

(h) In addition to all qu:difications for nurse 
faculty members stated m this Rule, the nurse 
director of a practical nurse education program 
employed as such after January' k^ 1984, must 
have had at least two years experience teaching 
in nursing prQgram(s). 

(i) In addition to all qualifications for nurse 
facuhv members stated in this Rule, the nurse 



482 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



director of a program preparing individuals for 
registered nurse practice who was employed: 

(1) prior to January J^ 1984, and does not 
hold earned baccalaureate and masters 
dc.grccs, must hold both degrees by Janu- 
ary h 1990, one of which shall be in 
nursing; or 

(2) after January j_^ 1984, must hold earned 
baccalaureate and masters degrees, one of 
which shall be in nursing, and have had 
at least two years experience teaching at 
or abo\'e the level of the program. 

(i) The nurse faculty member in a program 
preparing indisiduals for registered nurse practice 
who has primary' responsibility, designated by the 
pro .gram, for planning, implementing, and evalu- 
ating each major clmical nursing course shaU 
hold an earned masters degree by January \j_ 
1990. 

(k) The nurse faculty members must have the 
appropriate authority and responsibility tor stu- 
dent admission, progression, and graduation re- 
quirements; and development, implementation, 
and evaluation of the curriculum. 

(1) The nurse faculty members must be sulTi- 
cient in number to implement the curriculum as 
demanded by the course objectives competen- 
cies, the levels of the students, and the nature of 
the leammg en\ironment. The faculty-student 
ratio in clinical areas shall be justil'ied by the level 
of students, the acuity- of patients, and the aver- 
age daily census in the unit. This ratio shall be 
1:10 or less. Request to exceed the 1:10 ratio 
shall be submitted for board approval. 

(m) There shall be an annual written perform- 
ance evaluation of each nursing program faculty 
member by the program director or his/her de- 
signee. There shall be an annual written per- 



formance evaluation of the nursing program 
director by mstitution administration. 



Slalutorv Authority G.S. 90-171.23 (b) (8): 90- 
171. 38. ' 

.0310 STUDENTS 

(a^ Campus facilities must be appropriate m 

I f IJU J 1 1 LI 1 1 1 1. 'V^ 1 J LIIJU. UUt_ V jLil. L'lll C T^ rTTT TTTC^ \.\J IIJ-I ii\.\-\^ ~3 

&i Ae program. 

(4) Classrooms, practice laboratories, audio 
tutorial laboratories, aft4 oonforenoo 
rooms must be appropriate i«- siger num 
bepy aR4 typos fof Ae number &f students 
aft4 purposes fe* which t4ie rooms afe te- 
be used. Lighting, ventilation, location, 
aft4 equipment must be suitable. 

(^ Office aR4 oonforenco space fof faculty 
must be appropriate aft4 available fof ««- 



interrupt e d work aft4 privacy fo* confer 
ences with students. 
{¥f ?Hhe library faoilitios must be readily ae- 
coosiblo te stud e nts ssi4t faculty, aft4 must 
off e r a dequate r os ourcoo aH4 ser i icos. 

(A} Active library services must include a 
librarian, a system ef cataloging, aft4 a 
oyotom yy ' hich ensures Aat holdmgs are 
current, representative ©f ali areas covered 
hf the curriculum aft4 adequate is- num 
b^« te- sor\'e t4*e program needs. 

(©^ Library opaoo fof «se by students aft4 

T'l.T'itWTr m 1 1 f-t 1^^ ■->i-TJli-~niritf-^ ♦ j-^ r^ .--.^ j-v y>-i rn ri ,-| ft t i-i 

tee program. 

fG) Library hours must meet tee needs ef 
tee students m tee program. 
{h^ Other facilitie s must support tee program. 
(+)• Clinical resources must include: 

(A^ gen e ral hospital; 

f©) hospital(s) which provide inpatient sef- 
vic ' OS m medicine, surgerys obstetrics, aft4 
p e diatrics; 

fG^ agencies with patient census represent 
iftg aii age groups presenting probl e ms 
arising from common pathological condi 
tions; 

f&) patient census v4te sufficient number 
aft4 y^ari e ty te accommodate tee number 
»f students oxpuctod fof learning experi 
ences a* mandated by tee curriculum at- 
afty given teser 
f3) Clinical resources fef programs loading te 
registered nurse lioenouro must alse- m- 
cludo psychiatric mental health ser^'ioes 
with suffici e nt patient census m commu 
H*ty sites and /or inpati e nt faoilitios at 
' ■ ' ■ 'hich psychiatric/montal health safe is a 
primary focus. Patient census must be 
representati^ i ^e ©f t4» rang e »f DSM Hi 
diagnoses. 
(3^ Clinical resources fof baccalaureate nurs 
iftg programs shall alse- include public 
community health soniooo y' l ithin 
voluntary^ e* official nursing agencies. 
{A^ Each resource must: 

(A^ have approval &# tee board; 

(6) have a r e gist e r e d nurse v4te authority 
afi4 responsibility fof administration »f 
nursing within tee resource; 

{Qrf hav e otalTing afi4 writt e n operational 
polici e s aft4 procedures designed te ensure 
tee legal practice &f nursing as defined m 
G^ 90 171.20(f),(g), aft4 (fe^ afi4 te efl- 
sttfe effective learning; 

f©} make records ef those s on'od availabl e 
fof »ise by faculty afi4 students; 



NORTH CAROLINA REGISTER 



483 



PROPOSED RULES 



ffcv) huvo L'quipmont »h4 ' jupplies suitabl e 
ift quantity aft4 quality proporly main 
taint'ti tt«4 asailahlo fef »*^ 
(+4 hav e contraotual agreomont witit the 
program which must: 
fi^ be ourront; 
(«) inoludo U«» number ef otudonts pef^ 

II1II.I.I.LJ ITT 1 1 IV TTTCTTTT^r cIT V^ I IV till IV CTTTn 11 IV 

number ef faculty required te- oupers'ifio 
thu !. u i itudent ' i; 
(«i) reflect t^ ror . poii '. ibility ei faculty m 
tke clinical learning ■ ^ . ituation; 

I 1 1' ^ LI,l ^' O Lilt? UlI Ic TTTT? c^TTTTrcrt^ tTTTT Wt? 

res'ic' i od; 

fv^ include provi - jion fof conf e renc e 

f . pace. 
(4-)- Scheduleo fof ase t>y e«« ef more nuri i ing 
program!' , mui . t demonr . trat e feasibility fs* 
L ' Uch **s*» cHt4 reflect cooperative pkmnmg 
by t4«* program!; aft4 t+w* re!jOurce. 

(a) Students in nursine programs must meet 
requirements established bv the controlling insti- 
tution. Additional requirements may be needed 
for nursing students because of the nature and 
legal responsibilities of nursing education and 
nursing practice. 

(b) .Vdmission requirements and practices must 
be clearK staled and published bv the controlling 
institution and must include a ssessment of: 

( 1 ) ph\sical and emotional health that would 
proNide e\idencc that is indicatne of the 
applicant s ability to pro\ide safe nursing 
care to tlie public; and 
achievement potential through the use of 
previous academic records and pre-en- 
trancc examination cut-off scenes that arc 
consistent with curriculum demands and 
scholastic expectations: and 

records of high school graduation or 
equivalent. 

(c) I he number of students enrolled must not 
exceed a level commensurate with the total re- 
sources available to the program. Requests for 
expansion of enrollment must be approved bv 
the board. 

(d) Published policies and practices must exist 
that provide for identification and dismissal of 
students who: 



Qi 



Ln 



( 1 ) present phvsical or emotional problems 
that do not respond to appropriate treat- 
ment and/or counseling within a reason- 
able period of time; or 

(2) dem(instrate behavior vvhicli ccmfliets with 
satetv essential to nursing practice. 

(e) Cntena for progression through a program 
must clearly detlne the level of peribrmance re- 
quired to pass each course in the curnculum, the 
level at which failure ot the course is determined, 



and the level of performance in prerequisite 
courses required for progression to subsequent 
courses or levels. These cntena shall apply to 
both theoretical and clinical components of 
nursing courses. Criteria for peribrmance in 
chnical nursing courses shall include competen- 
cies in components of basic nursing practice as 
legally defined for the licensure level. 

(f) ("ntena for graduation must be in accord 
with outcomes expected of an individual in 
nursing practice as legally defined for the licen- 
sure level. 

(g) Implementation of the nursing program 
shall result in no less than 70 percent pass rate 
on first writing of the licensure examination at a 
single examination session by a regular graduat- 
ing class, tiflectivc January 1, 1990, this required 
pass rate shall be 75 percent. 

(h) Pohcics for transfer of credits and /for ad- 
mission to advanced placement must be stated 
and must prcnide that: 

( 1) general admission, progression and gradu- 
ation requirements of the nursing program 
shall apply to the applicant; and 

(2) the nursing program shaU determine the 
total number of nursing courses and or 
credits allowed for advanced placement. 

Statutory Authority G.S. 90-171.23 (b) (S); 90- 
171.38. 

.0315 CLRRICLLLM 

fa^ Aft accurat e aft4 complet e record o oystom 
ohuU be maintained. Both current aft4 penna 
nont recorda !.hall be ! ' . afely f. tor e d » fire reiuutant 
locked files %%■ prevent damage &f unauthoriiiod 

fb^ Both permanent »ft4 current records muot 
be available fof review by repreaentativ e! } ef t4*e 
board. ¥be board mak e s Wie ef tbe facts sup 
plied ift evaluating nursing pro gram ■ ' . aft4 m ap- 

oxaminalion. 

fe^ The permanent record fof each graduate 
shall include documentation »f admission criteria 
fftet- by t4*e individual aft4 transcript &f tbe indi 
vidual's achievemerrt - i» t4» program. 

(4) 44ie record ft*f each enrolled student shall 
contain up to date aH34 complet e infonnation, 
including: 

{Vf documentation ef admission criteria met 

by the student; 
f3^ evid e nce &f graduation ffom aft accredited 

lugli school t+f equivalent; 
(4^ credit hours achieved m classroom, labo 
ratory, afi4 clinical instruction fof each 
cours e ; 

. as graded und e r a suitable svstem. 



4S4 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



<^ Th« nursing program shall fite wrtb tfe« 
board such rocordr f , data, afi4 reports as may h% 
required i» ord <* r to furnish information con 
coming operation ef Ae program as proscribed 
ift the standards aft4 concerning aay student »f 
graduat e ef t4*» program. Th e s e r e cords, data 
aH4 reports include bat- ate net- neo e osarily fos- 

ill •"» »t A «i«Tii--tl U ■ i«-^ j-\ »-t i-r» T ■« j-i n -n I I . 1 --it -i «-■■> J-ii ■■-n~*.i.H 

t I 7 CTTT 1 1 1 1 1 1 T.ru I I W T. ^\J I I ,_J f 11 I CL. CTTT UU lU I *- W U^- J l\. U 

e« tfee fonn provided by tbe board fof t4*e 
period beginning October 4- »fi4 ending 
Sept e mb e r :W aft4 submitted t» the board 
ofTico by October -14 ef e ach year; 
f3) a Supplementary R e port giving ail 4at» 
requested eft Ae form provided by tb« 
board fof t+te six months period from 
October 4- through March ^ aftd submit 
te4 te- tbe board offic e by April 4-^ t»f each 
year. 
ff) The board may require additional records 
afi4 reports «* may require those data f»f re' i 'ie' i i i ' 
at- other times te pro' . ido aft4 substantiat e evi- 
dence ef compliance by tbe program aft4 its as- 
sociated agencies with standards aftd 
r e quirements ©f lawr 

fgl ?4*e i\pplication fe* I ic e nsur e by Exam 
ination shall be ' .iubmitted Bft fonns provided by 
tbe board. 

f4-^ 44*e f>rH4 ef the application to- be submit 
te4 by tbe nursing program shed I include 
b«t is ftBt- necessarily limited te- a state 
ment indicating satisfactory completion 
©f ali requirements f»f graduation aft4 the 
date »f completion. 
(^ The application is tt» be submitted as soon 
as is practicabl e upon completion »f tfee 
program; ©fr h* afty event, by the pub 
hshed deadline date applicable t© the ex- 
amination. -fft instanc e s wher e the 

published deadline cannot be met, special 
consideration may be granted upon writ 
t<eft r e quest from tbe director ef the pfe- 

ij tllTT I l.\J rCTrTr 1 1 ILXl 1 T7TT UU. T LI I "1 11-^1 TTT 1 1 r\? 

deadline dat e . 

(a) The curriculum shall be planned by nursing 
program faculty and shall be in keeping with the 
stated program philosophy, purposes, and 
objectives competencies. 

(b) The cumculum shaf 



include, but not ncc- 
c cssarilv be limited to instruction in: 

(1 ) biological, plnsical. and social science 
principles; 

(2) nursing care of indi\'iduals and families 
throughout the life c\c!c; and 

(3) nursing care of persons with common 
medical and surgical conditions. 



Instruction in nursing care in all areas named 
shall include both theory' and clinical learning 
experiences. 

(c) The curriculum for a nursing program de- 
signed to prepare persons for registered nurse li- 
censure shall also include instruction in the 
nursing care of persons with mental/ 
emotional/psychiatric disorders. instruction 

shall include both thcorv and clinical learning 



experiences. 

(d) The curriculum for a baccalaureate nursing 
program shall also include public community 
health nursing. Instruction shall include both 
theory' and clinical learmng experiences. 

(e) The curriculum for a nursmg program de- 
signed to prepare persons for practical nurse li^ 
censure shall include basic mental health 
principles and therapeutic communication. 

(f) Learning opportunities must be planned in 
logical sequence so that prerequisite knowledge 
is provided prior to the experience to uhich that 
knowledge is basic. Corequisites must be placed 
concurrently with the cxpcrience(s) |course(s)| to 
which they relate. 

(g) Objectives 'competencies for each course 
must indicate the knowledge and skills expected 
of the students. These objectives competencies 
must he stated to: 

indicate the relationship between the 
classroom learning and the application of 
this learning in the clinical laboratory ex- 
perience; and 
sen,'e as criteria for the selection of the 



Lli 



(2) 



types of and settings for learning expcri- 
ences; and 



(3) serve as the basis for evaluating student 
performance. 

(h) Course syllabi must include, in addition to 
the objectives competencies described in Para- 
graph (g) of this Rule, a description and outline 
of content, learning environments and activities, 
course placement, allocation of time, and meth- 
ods of evaluation of student performance. "These 
items must be clearly stated in order to relate to 
the objectives, competencies for each course. 

(i) There must be e\idcnce that each course is 
implemented in accordance with the course syl- 
labus. 

(j) Nurse faculty must demonstrate that thev 
have authority and responsibility for: 

(1 ) teaching and evaluating all classroom and 
clinical experience; 

(2) planning and implementing learning ex- 
periences so that object i\'es competencies 
for each course are met; and 

(3) providing placement and logical sequenc- 
ing of clinical learning experiences to sup- 



NORTH CAROLINA REGISTER 



4S5 



PROPOSED RULES 



port application of thcon' and attainment 
of knowledge and skills, 
(k) "Ihcrc must be a wnttcn plan for total 



>rram c\aluatioii and documentation of ongoing 
implementation of the plan. The evaluation 
components shall include administration, faculty, 
students, cumculum. facilities, and records and 
reports. The process of evaluation shall include 
faculty, student and graduate in\ol\ement. 

(1) Requests for appro\al of chansjcs in, or ex- 
pansion of. the program must he submitted at 
least 61) da\ s prior to a scheduled board meeting 
for action bv the I'ducation Committee. The 
request shall be accompanied by documentation 
of a\ ailable resources. Approsal is required for: 

( 1 ) increase m enrollment which may exceed 
the maximum appro\ed bv the board; 

(2) changes m cumculum related to philoso- 
phv. purpose, and or locus q[_ the program 
or changes in the curriculum master plan; 
alternative additional progr am schedules; 



Q) 
til 

(5) 



addition of clinical resources; 

change(s) in or additional campus site(s). 



Stalutoiy 
90-17 1 JS. 



Authorily G.S. 90-17 1 .23ib)(8); 



.0316 SI R\TVS: REPORTS: ACTIONS 
(RKIT Al.F.D) 

Statuion Authoriiv G.S. 90-17 1 .23{b)(9j; 
90- 1 "1.40. 

.0317 FACIIITIES 

f»+ Aft institution dcL i iring Ve cn . tablir . h a nurr . ing 
program L . hoU iiubmit w* apphcation sshjch ifi- 
clud e f . : 

f44 A r e port »» a feasibility Qtudy documont 

(-rV^ need fof pr(^uram, 

fB-^ propos e d ; Uudc'nt population, 

fG^ projected otudont enroUmont, 

fO) asailabk ' clinical rer . ourcL". . attti mini 

mum aftd maximum number ; ' . »f 'i tudento 

tha* eaft b# accommodated m clinical se- 

ea^ 
(4*} availability e>i qualifi e d faculty aw sp e ci 

fie4 t» Standardii, 
(4^ financial ref ' Ourcor i , 
fG+ intended relationi ' hip with other nuro 

iftg program ' . ' . 
fH-f asailability t+f phy '. ical facilitioa jft th<* 

institution k* house U+e program, 
(4+ support seP i ices available te- ti*e pro 

gram from U*e institution. 
(-3^ A r e port prepared by- Ae dir e ctor f4' At* 

proposed progiam aH4 faculty providing: 



(A^ a narrutr i o description (4 \k>» organb'.a 
tional structur e b^ Ae program aft4 ite pe- 
lationship te tb« controlling institution; 

iij\ i^ s''f\T\c\T^^\ rt^ 'I'trTr'Hr^vij' u^ t n*t r-^mr^rt.i-,-,.A t . ^ t ^> 1 

I U I Cr CV 1 l\J\ U.1 "U »l_'I ' 1\_ »' ^TT 1 1 1\-' y} k\J L'TJT.TT.TJ cTTTTTT 

curriculum Aa4- includes: 
(t) philosophy afi4 program objoctii . os; 
(ii) sequoncQ »f both nursing aft4 non 
nursing courses, indicating prorequisitoG 
aft4 corequisites; 
(«t) description ef content aR4 g e neral 

course objectives fee aii courses; 
(w^ details ef course development a* 
specified m standards fof aU first year 
courses; 
(€^ policies fof admission, progression aft4 
graduation %i students consistent ¥4tb 
Standards; 
(4^ curriculum ' ■ itao fof e mployed faculty 
vrhe must be sutTicient m number aft4 m 
qualifications te- develop Ai* program; 
(&^ proposed agr e ements with clinical 
agencies, uicluding kinds »f units available 
a«4 number ef students t4w4 eaft be ae- 
commodated » each afea at- efh* time. 
(-t*) T4*e completed application must be sub 
mitted ftt4 ItHiT* than 00 days prior t& a regular 
meeting t*f Ae board te ailew- fofr 

(-4 sup i ey ei- the proposed program aft4 facU 



f4^ preparation e4' Ae report e» Ae survey; 

f4f response te- the survey report by persons 

from the proposed program. 

fe-^ ¥be board, at- a meeting a* which represon 

tatives ef the petitioning institution may speak 

upon gi' i ing reasonable V i ritten notic e , shall con 

sider the application, suney report a«4 such 

other e' . idence as may be presented. 44*e board 

t'i lilU LtV,'t rTTT TTtT? LlLtt'13 \Jt I'lMliJ. L'ltf LTT" TTP- -'Lll 1 it? Ltp tx 

subsequent meeting. 

(4+ 14 the board finds from t4*e ovidonco pte- 
s e nted that the resources aft4 plans meet Fe- 
quiremenls fof beginning a new nursing program, 
that the petitioning institution i* aWe aft4 >siUing 
te- maintain support aft4 resources essential te- 
meet l e gal r e quirem e nts aft4 standards ©f the 
board, aft4 if the fift* class ef students i* e nroll e d 
within »«e yeaf aftef this fmding, the name ef the 
program shall be placed e« the fot ©f provi 
sionolly appro' . ed programs. 44»e board shall 
establish the maximum time the program fftay- 
romain »» provisional appro ' ■ al, which shall be 
influenced by the length ^ the program. Failure 
te meet s . tandards aft4 Fec|uirements by the tinal 
yeaf ef~ the penod e4 prosisional appros'al v4y- 
result m aft order t© discontinu e the program. 
f4^ A suney ef the program shall be con 
ducted annually during the sp e cifi e d pe- 
He4 ef provisional appro^ i al. ['oUowing 



4S6 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



afty C p un'oy, upon finding by tb© board 
y«t- A© program oomplioo ¥4tb aH otand 
af4* afi4 roquiromonto, A» program shall 
be placed »» tb« l»*t ©f approv e d pfe- 
grams. 
(5) FoUo>v'ing tb© cur i 'oy » the fifial year 
specified fo* provioional approval, upon 
finding by Ae board that- the program 
dooD aet moot aU standards aft4 requir e 
monts. the board shaU: 

©f the board's decision: 
f©^ upon written roquoot from the program 
submitted within 4-0 days »f the r e c e ipt el 
the board's notice, schedule a hearing; 

f 1 1 j--li V-» .-1 ■ -■ T~i T-t rr 4 /-v Vt .-t l-> ■-tl j-t n r-K^ 1 .-^i- f t Vt --a «-i ll I 

J LH_ 1 1 1 11^ LLI 11 1 Cj \.\J L'U 11^. l^J nTTT lU J J rTTCTTT L \J 

days from the date e» which the request 
was received. 
(4) Follo' . ving the hearing aft4 consideration 
ef aU- e' l idence presented, the board shall 
place the name »f the program »«■ the 
approved hst »f shall enter aft order Fe- 
moving the name »f the program from the 
h&t ©f provisionally approved programs, 
^hich shall constitute discontinuanc e ef 
the program. 
(a) Campus facilities must be appropriate in 

type, number, and accessibility for the total needs 

of the program. 

( 1) Classrooms, practice laboratories, audio' 
video tutorial laboratories, and conference 
rooms must be sufficient in size, number, 



fied and the purposes for use shall be 
stated in writing and disseminated to fac- 
ulty and students. 

(C) Library space for use by students and 
faculty must be adequate to accommodate 
the program. 

(D) Library hours must meet the needs of 
the students in the program. 

(b) Other facilities must support the program. 
(1) Clinical resources must include: 

(A) hospital(s') that provide inpatient ser- 
vices in medicine, surgery, obstetrics, and 
pediatrics; 

(B) agencies serving patients of all ages who 
present problems arising from common 
pathological conditions; 

(C) patient census in hospitals and agencies 
with sufficient numbers and varieties of 
conditions, including varying degrees of 
acuity, to accommodate the number of 
students and provide learning experiences 
mandated by the curriculum. 



12) 



111 



Clinical resources for programs leading to 
registered nurse licensure must include 
psychiatric mental health senices with 
sufficient patient census in community 
sites and or inpatient facilities at which 
psychiatric mental health care is a primary 
focus. Patient census must be represen- 
tative of the range of DSM III diagnoses. 
Clinical resources for baccalaureate nurs- 



ing programs shall include public/ com- 
munity health ser\ices within voluntary 



and types for the number of students and 
puri^oses for which the rooms are to be 
used. Lightmg, ventilation, loc ation, and (4) Each clinical resource must: 



or official nursing agencies. 



(21 



equipment must be suitable. 
Office and conference space for nursing 
program faculty members shall be appro- 
priate and a\-ailable for uninterrupted 
work and pnvacv including conferences 
with students. 



(3) The library facilities must be readily ac- 
cessible to students and faculty, and must 
offer adequate resources and services. 

(A) Active library' services must include a 
librarian, a system of cataloging, and a 
system that includes nurse faculty mem- 
bers' participation which ensures that 
holdings are current, representative of all 
areas included in the curriculum, and ad- 
equate in numbers to serve the program 
needs. 

(B) A system exists that ensures that clinical 
oriented holdings, including audio/ 
video tutorial resources, are the most re- 
cent or no more than five years old. The 
older holdings which are shelved with 
current editions shall be distinctly identi- 



(A) have approval of the board; 

(B) have a registered nurse with authority 
and responsibility for administration of 
nursing within the resource; 

(C) have staffing and written operational 
policies and procedures designed to ensure 
the legal practice of nursing, as defmed in 
Article 9, Chapter 90 of the General Stat- 
utes ( Nursing Practice Act) and Adminis- 
trative Code, Title 21, Chapter 36, and to 
ensure effective learning; 

(D) make records of those served available 
for use by faculty and students; 

(E) have equipment and supphes that are 
suitable in quantity and quahty, properly 
maintained, and available for use; and 

(F) have contractural agreement with the 
program which must: 

(i) be current; 

(ii) include faculty/student ratio of 1:10 

or less; 
(iii) reflect the responsibility of faculty in 

the clinical learning situation: 



NORTH CAROLINA REGISTER 



487 



PROPOSED RULES 



(i\) give the date and process for review; 

and 
(\'| include provision for conference 

space. 
(5) Schedules for use by one or more nursing 
programs must demonstrate feasibility for 
such use and reflect cooperative planning 
by the programs and the resource. 



Siatulory- A uthorily 
90-171 JS. 



G.S. 90-l7l.23(bj(8); 



.0318 RECORDS .\ND REPORTS 

far^ RL ' prL ' f .e ntati' .e fi e4" A<* board wiH- ouP i cy aft 
approsod program at- loaot doPf fr«» yoars as 
opocilk'd mG^ Od 171.10. 

f-H Sup < (?ys B^ individual programs Hwy be 
conducted at- L . hortor intk- ' nals at- tk# 
board L i di! . cretion e* upon roquoot from 
the individual miditution. 
f^ SurvL'V ! : . L.hall be don e within ©fte yeat ©f 
thooc programs whoci? graduatcT i d < .'mon 
j i tratt' a pass Fate e4^ 
fA4 less t4«ft 6© pLTccnt e« fifst writing »f 
tbe lic e nL . mg examination at- a oinglij e?«- 
amination r . e - .ir . ion by a regular graduating 
cki • : . !' . : ef 
fB-t less than 54i ptTccnt t*« fifst- writing »f 
tbe licou 'i ing e.\amination »vef a period 
t4' thrj e yoari . . 
(^ \\"ritton reporti i ef ourvey i : . r . hall be oubmit 
te4 t<+ tbe board a«4 ; ihall be sefri- 1» tbe program 
ift '. ufriciLTit tun t* t++f pt. ' r!: i QnL" . from tbe program 
te provide a written reoponf . e fef t4+e board ■ ' . 
coniiideration at- ris r e gularly ucheduled meeting. 

(e^ L ' pon fmding by tbe board tbat- tbe program 
meetg all ' jtandardf . a«4 requirement!: . , tbe name 
©I tbe program sbt+U be continued »«- tbe list- &f 
approved programii. 

(a) An accurate and complete records system 
shall be maintained. Current and permanent 
student records shall be stored in a \va\' that prc- 
\'ents damage and or unauthon/ed use. 

(b) [Joth permanent and current records must 
be available for review by representatives of the 
board. The board makes use of the facts sur 



plied m evaluatmi; nursing programs and in ap- 
proving applications of graduates for the 
Gcensure examination. 

(c) The pennanent record for each graduate 
shall include documentation of admission cnteria 
met bv the individual and transcnpt of the mdi- 
viduals achievement m the program. 

(d) The record for each enrolled student shall 
contain up-to-date and complete information, 
including: 

( 1 ) documentation of admission criteria met 
bv the student: 



(2) evidence of graduation from an accredited 
higli school, high school equivalent, or 
earned college-level credits from an ac- 
credited university or college; and 

(3) transcript of credit hours achieved in the 
classroom, laboratory. 



and clinical in- 
struction for each course that reflects pro- 
gression consistent with program policies, 
(e) The nursing program shall file with the 
board such records, data, and reports as may be 
required in order to furnish infonnation con- 
cerning operation of the program as pre sen bed 
in the standards and concerning any student or 
.graduate of the program. These records, data 
and reports include but are not necessarily lim- 
ited to: 

(1) an Annual Report pving all data requested 
on the form provided by the board for the 
penod beginning fall term through sum- 
mer term and submitted to the board of- 



fice bv October 15 of each vear: 



01 



(il 



a Supplementary Report giving all data 
requested on the form provided bv the 
board for fall term through .March 31 and 
submitted to the board office by April 15 
of each year; 

notification bv institution administration 
of any change of the registered nurse re- 
sponsible for the nursing program. This 
notiflcation must mclude a vitae for the 
new individual and must be submitted 
within ten business davs of the efTective 
date of the change. 
(!') The board may require additional records 
and reports for review at any tmie to provide ev- 
idence and substantiate compliance with stand- 
ards and law bv a program and its associated 
agencies. 

(g) The Application for Licensure bv Exam- 
ination shall be submitted on forms provided by 
the board. 

(1) The part of the application to be submit- 
ted by the nursing program shall include, 
but is not necessarily limited to, a state- 
ment indicating satisfactory^ completion 
of all requirements for graduation and the 
date of completion. 

(2) The application is to be submitted as soon 
as possible following completion of the 
program; or in anv event, bv the pub- 
lished deadline date applicable to the ex- 



ammation. In instances where the 

published deadline cannot be met, special 
consideration may be granted upon writ- 
ten request from the director of the pro- 
gram no less than 60 davs prior to the 
deadline date. 



488 



NOR TH CAR OUNA R EG IS TER 



PROPOSED RULES 



(h) When a nursing program closes, the board 
shall be notified of the arrangements for storage 
of permanent records. Storage method shall 
pre\cnt damage and/or unauthorized use. 



Statutory 
90-171.38. 



Authority G.S. 90-171 .23(b)(8); 



.0319 NURSING PROGRAM IN 

NON-COMPLIANCE (REPEALED) 

Statutory .Authority G.S. 90-171.40. 

.0320 EXPERIMENTAL APPROACHES 

(a) In the interest of promoting innovations in 
nursing programs, the board will consider pro- 
posals for experimental approaches in nursing 
education. Such propo i LiaJs mu - jt be submitt e d to 
the board fof approval aft4 shall include a de- 
ocription ©f the axporimont, a rationalo, otratogioo 
f»f implomontation, aft4 piano fof o' . aluation. 

(b) Proposals must be submitted 60 davs prior 
to the next scheduled board meeting to allow 
time for review by the Education Committee for 
recommendations to the board. fhc proposal 
shall include the following: 



( 1) description of the experimental approach 
and rationale; 

(2) purposes and objectives; 

(3) strategics for implementation including: 

(A) anticipated date of implementation; 

(B) methodologies; 

(C) course(s) involved; 

(D) resources available; 

(E) numbers of students and faculty mern- 



bcrs involved; 

(E) responsibilities/activities of the faculty 
members; 

(G) rcsponsibilities/activities of the stu- 
dents; 

(H) relationship to existing curriculum; 



(I) effect on admission and progression of 

student; and 
(J) proposed length. 
(4) strategies for evaluation including: 

(A) evaluation process to be used; 

(B) anticipated outcome(s); 

(C) implications of the outcome(s). 

(c) Program representatives will be notified of 
the time and date that the Education Committee 
and the board will consider the proposal. Pro- 
gram representatives shall attend these meetings. 

(d) When approved by the board, experimental 
approaches are to be implemented for one time 
only. 

(e) When a nursing program utilizes an exper- 
imental approach, the program shall have sole 
responsibility for determining the criteria for stu- 
dent participation. Students must be informed 
that they will be participating in an experimental 
approach. 

(f) Nurse faculty members have the final re- 
sponsibility for evaluation of the outcomes. The 
program director mav be required to submit pe- 
riodic evaluation reports. A report of outcomes 
resulting from the experimental experience must 
be submitted within 90 davs of its completion. 

(g) Ifj at any time during the implementation 
of the approach, the nursing program faculty 
members become av\are that student learning or 
patient care is being jeopardized, they shall im- 
mediately take corrective action. The program 
director shall notify the board. 



(h) Request from the program for the exper- 
imental approach to become a permanent part 
of the program must be submitted 60 days prior 
to a regularly scheduled board meeting. No re- 
quest will be considered until the final evaluation 
of the project has been completed and submitted 
to the board. 



Statutory Authority 
90-171.38. 



G.S. 90-/7/. 23(b)(8); 



NORTH CAROLINA REGISTER 



489 



FINAL RULES 



LJ pon request from the adopting agency, the 
text of rules will be published in this section. 

r^ hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
Affected" and the text of the adopted rule 
will not be republished. 



/x dopted rules filed by the Departments of 
Cotrection, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. J SOB, 
Article 2 requiring publication of proposed 
rules. 



TITLE 5 - DEPARTMENT OF 
CORRECTION 

CHAPTER 2 - DIMSION OF PRISONS 

SLBCIIAPTER 2G - COURT RELATED 
PROCEEDINGS 

SECTION .0300 - ADMINISTRATIVE REMEDY 
PROCEDURE 



.0301 PURPOSE 

(a) The policy of the North Carolina Depart- 
ment of Correction is to provide inmates an op- 
portunity for administrative settlement of 
legitimate grievances. Most grievances can be 
resolved quickly through informal communi- 
cation with responsible authorities at the facihty 
in which the problem arose. .-Vn inmate should 
be encouraged to use this method prior to the 
initiation of a formal grievance. WTien this 
method is not possible, the Department of Cor- 
rection seeks to reduce tension and provide a 
stable atmosphere by providing formal channels 
of communication of grievances. 

(b) A grievance is a written complaint by an 
inmate on the inmate's own behalf concerning 
an action, incident, policy, or condition within 
the unit or institution or within the Division of 
Prisons as a whole. 

(c) The Administrative Remedy Procedure 
shall afford a successful grie\ant a meaningful 
remedy to include by not be limited to, an order 
requiring that specific action be taken, modifica- 
tion of Division of Prisons policy, restoration or 
restitution for personal property, and such other 
remedies that will meaningfully resolve the griev- 
ance presented. 



(d) Employees who intentionally obstruct the 
grievances process shall be subject to disciplinary- 
action. 

History Note: Filed as a Temporary 
Repeal Eff January 16, 1988 
For a Period of J 20 
Days to E.xpire on Xfay 13, 1988; 
Statutory Authority G.S. 
148-118. 1: 

Eff February I, 1976; 
Amended Eff September I, 1988. 

.0302 ACCESSIBILITY 

(a) Communication of the Procedure. 

(1) A standard written notification of the Ad- 
miinistrati\e Remedy Procedure shall be 
given to each inmate as a part of orien- 
tation at the Diagnostic Center. This 
notification shall instruct the inmate as to 
how and where to obtain a grievance 
Form DC-410. The notification shall also 
be a\'ailable at each unit and institution 
within the Division of Pnsons. In addi- 
tion, as a part of orientation at the Diag- 
nostic Center, each inmate shall have an 
oral explanation of the procedure and 
shall have the opportunity to ask ques- 
tions regarding the procedure. 

(2| .Any inmate who is incapable of under- 
standing this procedure or completing the 
grievance form may request assistance. 
Requested assistance will be provided by 
staff designated by the Superintendent or 
Institution Head. 

(3) Inmates may obtain assistance in com- 
pleting their grievances from other in- 
mates where classification and housing 
assistance permit. 

(b) Availability of the Procedure. 

(1) A copy of the Administrative Remedy 
Procedure shall be readHy available to aU 
inmates and staff for their information and 
review. It shall be posted in conspicuous 
locations throughout the unit or institu- 
tion and shall be kept current in aU U- 
braries and law libraries. 

(2) The Procedure shall be available to all in- 
mates, regardless of any disciplinarv, clas- 
sification or other administrative decisions 
affecting the inmate-grievant. 

History Sate: Filed as a Temporary 
Repeal Eff January 16. 1 988 
For a Period of 120 Days to 
Expire on May 13, 1988; 
Statutory Authority G.S. 
148-118.1: 
Eff February I, 1976; 



490 



NORTH CAROLLWA REGISTER 



FINAL RULES 



Amended Eff. September 1 , 1988. 

.0303 REPRISALS 

(a) No reprisals shall be taken against any in- 
mate or staff member for a good faith use of or 
participation in the grievance procedure. The 
probition against reprisals should not be con- 
strued to prohibit discipline of iimiates who do 
not use the system in good faith, in accordance 
with Rule .0306(c)(5). 

(b) If an inmate believes that a reprisal has oc- 
curred, a grievance stating the reprisal action may 
be files or the iimiate may submit written com- 
ments to the Secretary. 

(c) If a staff member believes that a reprisal has 
occurred as a result of the employee's partic- 
ipation in or assistance with the grievance proce- 
dure, a written complaint stating the nature of 
the reprisal taken against the employee may be 
filed with the chain of command. 

History Note: Filed as a Temporary 
Repeal Eff. January 16, 1988 
For a Period of 120 Days to 
Expire on May 13, 1988; 
Statutory Authority G.S. 
1 48- 1 18.1; 

Eff. February i , 1976; 
Amended Eff September I. 1988. 

.0304 SLBMISSION OF GRIEVANCES 

(a) Any inmate in the custody of the Depart- 
ment of Correction may submit a written griev- 
ance on Form DC-4I0. 

(b) An inmate may submit a new grievance 
once the initial grievance has completed Step 2 
review or has been resolved. 

(c) If more than one inmate files a grievance 
concerning the application of general policies or 
practices, or acts arising out of the same incident, 
these grievances wiU be processed as a group. 
Each grievance shall be logged in individually; 
however, the same response will be provided to 
each grievant. 

(d) Grievances of an emergency nature wLU be 
handled in accordance with Rule .0308. 

History Note: Statutory Authority G.S. 
I4S-II8.I; 
Eff September I, 1988. 

.0305 SCREENING OFFICER 

Institution Heads will appoint one or more 
screening officers to review grievances and decide 
whether they should be accepted or rejected un- 
der the criteria set forth in Rules .0304 and .0306. 
Superintendents may designate screening officers 
or screen grievances themselves. The appoint- 
ment of fair and knowledgeable screening officers 



will insure compliance with the grievance proce- 
dure and facilitate mediation of grievances at the 
unit level. No employee who appears to be in- 
volved in a grievance shall participate in any ca- 
pacity in the resolution process, except as a 
witness where necessary. 

History Note: Statutory Authority G.S. 
1 48- 1 18.1; 
Eff September I, 1988. 

.0306 REJECTION OF GRIEVANCES 

(a) A grievance filed pursuant to these regu- 
lations shall be rejected at any level if it: 

(1) Seeks to challenge matters already decided 
by a State or Federal court; 

(2) Challenges a Parole Commission decision; 

(3) Challenges a disciplinary action; or 

(4) Challenges matters beyond the control of 
the Department. 

(b) In accordance with Rule .0310, a grievance 
may be rejected at any level if: 

(1) The grievance concerns an action not yet 
taken or a decision which has not been 
made. 

(2) There has been a time lapse of more than 
30 days between the event and submission 
of the grievance. 

(3) The inmate has requested a remedy for 
another inmate. 

(4) The inmate has requested a remedy for 
more than one incident (see Rule .0304). 

(5) The inmate's grievance directs toward any 
person language that is generally consid- 
ered profane, vulgar, abusive, contemptu- 
ous, or threatening. Inmates who violate 
this rule may be subject to disciplinary 
action. The grievance may be resubmit- 
ted for processing once the objectionable 
language has been eliminated. 

(6) Rules and procedures estabhshed herein 
have not been followed. 

History Note: Statutory Authority G.S. 
148-1 18.1; 
Eff September I, 1988. 

.0307 TIME LIMITS 

(a) From filing to fmal disposition, aU griev- 
ances shall be processed within 90 days. For 
purposes of counting days under the grievance 
procedure, all references to days shall be inter- 
preted to mean calendar days. 

(b) The inmate who submits the grievance will 
be notified of acceptance or rejection in writing 
upon the appropriate form, within three days af- 
ter submission of the grievance. 

(c) If, at any step of the procedure, a response 
is not made within the prescribed time limits, the 



NORTH CAROLINA REGISTER 



491 



FINAL RULES 



grievance will be forwarded to the next step for 
review. 

(d) /\n appeal shall be filed within 24 hours or 
the right to appeal shall be waived. The person 
to whom the appeal is directed has the discretion 
to accept a late appeal in the event of extenuating 
circumstances. The 24 hours shall be counted 
as day one of the next level in the appeal process. 

(e) Persons responsible for transmitting griev- 
ances shall utihze the quickest means of trans- 
mitt:d available. The postal service and the state 
courier shall be used in appropnate cases. 

(f) At each step of grievance review (see Rule 
.0310), the time limits are as follows: 

(1) At Step 1, formal written response to the 
mmate shall be made within 1 5 days from 
the date of acceptance of the grievance. 

(2) At Step 2, formal written response to the 
inmate shall be made within 20 days from 
the date of request for Step 2 review. 

(3) At Step 3, the Inmate Grievance Examiner 
(IGE) shall forward the decision to the 
Secretary of Correction within 20 days 
from the date of the inmate's appeal. 
Withm 20 davs from the date of transmit- 
tal of the DC-410 from the IGE, the Di- 
rector of Prisons shall forward a written 
response to the Secretan,-. 

(4) The final decision of the Secretary must 
be delivered to the inmate within 30 days 
of the transmittal of the decision from the 
IGE. 

History \ote: Statutory Authohtv G.S. 
I4S-II8.I: 
Eff. September I, I9SS. 

.0308 EMERGENCY GRIEVANCES 

(a) Emergency grievances shall be defined as 
matters which present a substantial risk of phys- 
ical injur}' or other serious and irreparable harm 
to the grievant if regular time limits are followed. 
Emergency grievances shall be forwarded imme- 
diately, without substantive review, to the Su- 
perintendent, Institution Head or to the level at 
which corrective action can be taken. 

(b) .Any inmate who is in need of urgent med- 
ical care may present himself to a member of the 
medical or custodial staff, who shall handle the 
matter according to emergency health care pro- 
cedures set out in the Health Care Manual. If 
an inmate fears for his personal safety, he may 
contact the otTicer in charge or any other custo- 
dial official. Any request for protective custody 
will be handled in accordance with departmental 
regulations. 

(c) -Matters relating to administrative transfers, 
time computation disputes, and family illness or 



death are not to be treated as emergencies for the 
purposes of this procedure, but shall be handled 
exf>editiously and compassionately by the Super- 
intendent or Institution Head or their designee 
where appropriate. 

(d) For emergency situations other than med- 
ical or protective custody, an inmate may submit 
the grievance directly to the screening officer or 
the ofTicer-in-charge, who shall forward the 
grievance to the level at which corrective action 
may be taken. The request shall be handled as 
expeditiously as possible, and shall be reviewed 
by the appropriate command manager. 

History Note: Statutory Authority G.S. 
1 4S- 1 18.1: 
Eff. September I, 1988. 

.0309 CONFIDENTI.AL GRIEVANCES 

If an inmate is of the opinion that a grievance 
is of a confidential nature, his grievance may be 
filed directly with the Director of Prisons and 
mailed as legal mail. The inmate must clearly 
explain the nature of the complaint and the rea- 
sons for not following the regular grievance pro- 
cedure. If the Director determines that the 
grievance is not of a confidential nature, the 
grievance shall be returned to the inmate with 
instructions to submit it in accordance with the 
procedure set forth in Rule .0310. .After consid- 
eration of the grievance and determination that 
it is of a confidential nature, the Director shall 
order any necessary investigation. If the investi- 
gation indicates that action should be taken, the 
Director shall cause the appropriate steps to be 
taken to resolve the grievance. 

History Sote: Statutory Authority G.S. 
148-1 18.1; 
Eff September 1, 1988. 

.0310 GRIEV.\NCE RE\ lEVV PROCEDURE 

(a) Step I Review: 

(1) Any aggrieved inmate may submit a writ- 
ten grievance on Form DC-410. 

(2) Upon completion of the form, the inmate 
may submit it to the Superintendent, des- 
ignated screening officer, or any other staff 
member. Grievances may be transmitted 
by mail or hand deliverv'. 

(3) An inmate who seeks to file a grievance 
on general policies or practices may solicit 
comments on the matter from other in- 
mates. Such solicitation for inmate com- 
ment will be permitted provided it does 
not interfere with the security and orderly 
operation of the unit or institution. Such 
comments must be submitted with the 
grievances when it is filed. 



492 



NORTH CAROLINA REGISTER 



FINAL RULES 



(4) The screening officer shall review the 
grievance and decide whether it should be 
accepted or rejected under the criteria set 
forth in these regulations. This screening 
shall be completed within three days of 
the filing of the grievance. If the screening 
officer determines that the complaint can 
be considered under the procedure, the 
officer may forward it to the staff member 
whom the officer believes can best provide 
information or relief. The staff member 
win prepare a written response along with 
supporting documentation if any. The 
response will be returned to the screening 
officer. The screening officer or Super- 
intendent will meet with the inmate to 
explain the response and attempt to re- 
solve the grievance. If the screening offi- 
cer meets with the inmate, the officer shall 
report to the Superintendent or institu- 
tional designee. The Superintendent or 
institutional designee will complete the 
formal response to the inmate within 15 
days from the date of acceptance of the 
grievance, 
(b) Step 2 Review: 

(1) If the inmate is not satisfied with the de- 
cision reached at Step 1, he or she may 
request relief from the ,'Vrea Administrator 
or Institution I lead. This request for Step 
2 review must be made by the inmate in 
writing on Form DC-410 and submitted 
to the superintendent, institutional desig- 
nee, or screening otTicer upon notification 
and explanation of the decision reached 
at Step 1. The completed Form DC-410 
shall be submitted to the Area Adminis- 
trator or Institution Head. 

(2) The Area Administrator or Institution 
Head may investigate the grievance him- 
self or may assign a staff member to in- 
vestigate it. If an investigator is assigned, 
the investigator shall accumulate records 
gathered at Step 1 and complete the in- 
vestigation within 15 days after assign- 
ment by the Area Administrator or 
Institution Head. The investigator, if one 
is used, shall submit the fmdings in writing 
with relevant records to the Area Admin- 
istrator or Institution Head. 

(3) After completing the investigation or after 
receiving the report of the investigator, the 
iVrea Administrator or Institution Head 
shall complete Form DC-410 indicating 
the decision and reasons for the decision. 
All revelant records gathered at Step 1 and 
Step 2 shall be maintained and filed. The 
Area Administrator or Institution Head 
shall complete the written response and 



assure that it is delivered to the inmate 
within 20 days from the date of request for 
Step 2 review. The Area Administrator or 
Institution Head may explain the decision 
to the inmate in an attempt to resolve the 
grievance. If necessary, another appro- 
priate person such as a screening officer 
or the Superintendent, may be designated 
to perform this function, 
(c) Step 3 Review: 

(1) If the irmiate is not satisfied with the de- 
cision reached at Step 2, he or she may 
appeal to the Secretary of Correction 
through the Inmate Grievance Examiner 
(IGE). This appeal must be made in 
writing on Form DC-410 within 24 hours 
of notification of the decision and expla- 
nation of the decision reached at Step 2. 
If the inmate appeals, the unit screening 
officer shall immediately forward the 
completed Form DC-420 to the Executive 
Director of the Grievance Resolution 
Board by postage mail. 

(2) The Executive Director of the Grievance 
Resolution Board or his or her designee 
will sign the form and indicate the date of 
receipt. The Executive Director may 
serve as one of the Inmate Grievance Ex- 
aminers. The Inmate Grievance Examin- 
ers shall review all grievances that are 
assigned to them. This review shall be 
limited to matters brought forward in the 
grievance and the department's responses. 

(3) In reviewing a grievance, the IGE may 
conduct an independent investigation, but 
the investigation will be limited to specific 
issues brought forward in the grievance. 
The IGE may rely on any investigations 
already completed. In investigating the 
grievance, the IGE shall attempt to re- 
solve the grievance through mediation. 
The IGE shall have access to inmates, 
staff, facilities and records relevant to the 
grievance. 

(4) The IGE will order such relief as is ap- 
propriate or deny the grievance. The IGE 
shall forward any order for relief on Form 
DC-410 to the Secretary of Correction 
within 20 days from the date of the in- 
mate's appeal from Step 2. Simultane- 
ously, a copy of the Form DC-410 
reflecting the decision shall be forwarded 
to the Director of Prisons. 

(5) The Director of Prisons or his or her de- 
signee shall review the grievance and may 
make comments to the Secretary of Cor- 
rection. The Director of Prisons' com- 
ments will be forwarded to the Secretary 
within 20 days from the date of transmit- 



NORTH CAROLINA REGISTER 



493 



FINAL RULES 



tal of Form DC-410 from the Inmate 
Grievance I-xaminer. The Secretary' shall 
review the Director of Prisons' comments 
and then approve the decision of the IGE 
or make written fmdings that the relief 
ordered is not appropriate. If it is deter- 
mined that the rehef ordered is not ap- 
propriate, a written explanation for the 
fmdings must be given and an alternative 
order for relief must be made. The Sec- 
retarv's fmal decision will be delivered to 
the inmate by the IGE, with a copy to the 
Director of Prisons, within 30 days of 
transmittal of the decision from the IGE. 
(6) The decision by the IGE or a modification 
by the Secretary of Correction shall con- 
stitute the fmal step of the Administrative 
Remedy Procedure. 

Ifistor)' Xote: Statutory- Authority G.S. 
148-1 1 S.I; 
Eff. September I, 1988. 

.0311 TRANSFERS DLRING GRIEV.ANCE 
PROCESS 

(aj If an inmate who has filed a grievance is 
transferred to another Division of Prisons facility 
while his grie\'ance is being considered at Step 1, 
the Superintendent or Institution Head at the 
sending unit will assure that review at Step 1 is 
completed and will forward the grievance to the 
superintendent or institution head at the receiv- 
ing unit for further processing. 

(b) If an inmate is transferred during the period 
of Step 2 review, the Superintendent or Institu- 
tion Head at the sending unit will assure that 
when review is completed at Step 2, the grievance 
is immediately sent to the superintendent or in- 
stitution head at the receiving unit for further 
processing. 

(c) If an inmate who has fded a grievance is no 
longer in custody of the Division of Prisons or is 
otherwise unavailable, the re\'iewing authority 
shall complete review at the current step. Proc- 
essing shall then be considered complete and the 
Form DC-410 will be distributed appropriately. 
Grievances not fuUy processed due to the una- 
vailability of the inmate may be re-filed upon the 
inmate s return. 

History Xote: Statutory Authority G.S. 
I4S-I1S.I: 
Eff. September I, 1988. 

.0312 RECORD M.\1NTEN.\NCE .\ND 
CONFIDENTI.VLITV 

(a) Records regarding the filing and disposition 
of grievances shall be collected and maintained 
systematically. Summaries of grievances ap- 



pealed to Step 3 shall be submitted quarterly to 
the Grievance Resolution Board by the Execu- 
tive Director. Copies of each filed grievance shaU 
be maintained for a minimum of three years after 
fmal disposition. 

(b) No copies of grievances shall be placed in 
an inmate's official unit or central file.. 

(c) Employees of the Department of Correction 
and the Inmate Grievance Examiners that are 
participating in the disposition of a grievance 
shall ha\e access to all relevant records developed 
by the Department of Correction. 

(d) Prison files and records gathered in the 
Administrative Remedy Procedure other than 
official responses contained on Form DC-410, 
and the final response to the inmate at Step 3 are 
confidential, and wiU not be released to inmates 
or any other unauthorized persons. Such records 
wiU not be discussed with inmates or unauthor- 
ized persons. 

History Xote: Statutory Authority G.S. 
148-1 1 8. 1; 
Eff September 1, 1988. 

.0313 GRIE\ ANCE RESOLLTION BOARD 

(a) Appointment. The Go\-emor shall appoint 
a Grie\ance Resolution Board to assist in imple- 
mentation of this procedure. The board shall 
consist of five members who wiU sen.'e terms of 
four years. Three members of the hoard shall 
be attomevs selected from a list of 10 persons 
recommended by the Council of the North Ca- 
rolina State Bar. The two remaining members 
shall be knowledgeable and experienced in one 
or more fields under the jurisdiction of the Sec- 
retary of Correction. 

(b) Duties. .After consultation with the Secre- 
tary, the board shall appoint an Executive Di- 
rector and Grievance Examiners who serve at its 
pleasure. The board shall review the Adminis- 
trative Remedy Procedure, meet at least quar- 
terly, and perform those functions assigned to it 
by the Governor. In addition, the Secretary of 
Correction may request that the board investigate 
matters involving broad policy concerns and hold 
fact-finding hearings to consider the matters pre- 
sented for investigation. In no e\ent shall such 
a request by the Secretary result in a delay of the 
resolution of an inmate's grievance within the 90 
days. 

(c) Procedure review. The board shall evaluate 
the .-\dmini strati ve Remedy Procedure at least 
quarterly. Fhf* board shall accept comments on 
the grie\'ance procedure from staff and inmates. 
These comments should include perceptions re- 
garding the effecti\'eness and credibility of the 
procedure. .AH evaluations of the procedure shall 
be reviewed by the Secretary of Correction. 



494 



NORTH CAROLINA REGISTER 



FINAL RULES 



History Note: Statutory Authority G.S. 
1 4S- 1 18.1; 
Eff. September I, 1988. 



NOR TH CAROLINA REGIS TER 495 



LIST OF RULES AFFECTED 



NORTH CAROLINA ADMINISTRATIVE CODE 
EFFECTIVE: August 1, 1988 



AGENCY 

DEPARTMENT OF ADMINISTRATION 



1 NCAC IB 


.0108 
.0307 
.0701 




5A 


.0010 




5D 


.0508 




6B 


.0203 - 

.0303 

.0306 

.0309 

.0501 

.0506 


.0205 




.0509 - 


.0510 




.0602 






.0607 




15 


.0207 
.0214 

.0408 






.0601 - 


.0607 




.0701 - 


.0704 


22 


.0102 
.0205 




23 


.0001 




24 


.0001 




25 


.0702 
.0704 




33 


.0205 




37 


.0101 - 


.0103 




.0201 - 


.0207 




.0301 - 


.0307 


DEPARTMENT OF AGRICILTI RE 




2 NCAC 228 


.0001 




34 


.0102 
.0206 




36 


.0001 - 


.0002 


DEPARTMENT OF COMMERCE 




4 NCAC 2R 


.0404 




3B 


.0102- 

.0207 

.0215 


.0103 


3C 


.0111 
.0208 
.0402 




3G 


.0001 




5B 


.0102 - 


.0104 




.0204 - 


.0205 


* 


.0207 





ACTION TAKEN 



Repealed 

Ref>ea]ed 

Amended 

Amended 

Amended 

Amended 

/Vmended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Amended 

Amended 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

Adopted 

Adopted 



Amended 
Amended 
Repealed 
Repealed 



/\mended 
Amended 
Repealed 
Amended 
Amended 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Repealed 



496 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



.0507 



Amended 



GOVERNOR'S OFFICE 



9 NCAC 3L 


.0101 - 


.0102 




.0201 - 


.0205 




.0301 - 


.0304 




.0401 - 


.0403 




.0501 - 


.0505 




.0601 - 


.0606 




.0701 - 


.0704 




.0801 - 


.0803 




.0901 - 


.0904 




.1001 - 


.1002 




.1101 - 


.1102 


DEPARTMENT OF HUMAN RESOLRCES 


10 NCAC 3H 


.0109 




7A 


.0209 




8D 


.0204 
.0401 
.1208 




9D 


.0302 - 
.0328 


.0303 


lOA 


.1935 
.1943 






.1955- 


.1956 




.1961 






.1963 




lOG 


.0103 






.0202 - 


.0203 




.0502 - 


.0503 




.0601 




22G 


.0905 




24A 


.0505 




41A 


.0007 




45H 


.0206 




49A 


.0002 




49B 


.0301 






.0303 - 


.0306 




.0308 






.0310- 


.0311 




.0313 




49C 


.0101 
.0104 




49D 


.0001 - 


.0002 


49E 


.0001 




DEPARIMENl OF INSIRANCE 




11 NCAC 1 


.0104- 


.0105 




.0106- 


.0107 




.0203 - 


.0204 




.0301 - 


.0303 




.0401 






.0407 






.0409 - 


.0411 




.0412 





Adopted 
Adopted 
Adopted 
Adopted 
Adopted 
Adopted 
Adopted 
Adopted 
Adopted 
Adopted 
Adopted 



Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Adopted 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 



Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 



NORTH CAROLINA REGISTER 



497 



LIST OF RULES AFFECTED 





.0601 - 


.0603 


Amended 


3 


.0604 - 
.0002 


.0605 


Repealed 
Amended 




.0005 




Amended 


HE 


.0008 
.0110 




Adopted 
Temp. Adopted 
Expires 01-18-89 


DEPARTMENT OF JISTICI 


.0401 






12 NCAC 21 


Amended 


7B 


.0101 




Amended 




.0112 




Amended 




.0114 




Amended 




.0116 




Amended 




.0904 




Amended 


7D 


.0301 




Amended 




.0408 




Amended 




.0703 




Amended 


11 


.0102- 


.0103 


Amended 




.0122 
.0206 




Adopted 
Amended 


DEPARTMENT OF LABOR 








13 NCAC 7C 


.0101 




Amended 




.0102 




Amended 


13 


.0301 




Amended 


14 


.0504 - 


.0505 


Amended 




.0603 




Amended 




.0813 




Amended 




.0815 




Amended 


DEPARTMENT OF CRIME CONTROL AND PLBIJC SAFETY 




14A NCAC 8 A 


.0001 - 


.0002 


Amended 


8H 


.0201 - 


.0207 


Amended 




.0301 - 


.0303 


Amended 




.0401 - 


.0405 


/Vmended 




.0501 - 


.0502 


Amended 




.0503 
.0504 




Repealed 
Amended 




.0601 - 


.0606 


Amended 




.0701 - 


.0703 


Amended 




.0801 




Amended 




.0803 




Amended 




.0901 - 


.0902 


Amended 




.1002 




Amended 




.1101 - 


.1104 


Amended 




.1201 - 


.1202 


Amended 




.1301 - 


.1302 


Amended 




.1401 - 


.1404 


Amended 




.1501 - 


. 1 502 


/Vmended 




.1504 




Amended 




.1601 




Amended 




.1602 
.1603- 


.1604 


Repealed 
Amended 




.1701 - 


.1705 


Amended 




.1801 - 


.1805 


Amended 



498 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



.1901 - .1903 Amended 

81 .0001 - .0002 Amended 

9H .0703 Amended 

DEPARTMENT OF NATURAL RESOURCES AND COMMLMTV DEVELOPMENT 

15 NCAC IB .0221 Amended 

IF .0004 Amended 

2B .0316 Amended 

2H .0101 Amended 

.0103 Amended 

.0105 Amended 

.0107 - .0109 Amended 

.0127 Amended 

.0129 - .0131 Amended 

.0133 Amended 

.0137 Amended 

.0142 Adopted 

.0203 Amended 

.0205 Amended 

.0208 Amended 

.0212 Repealed 

.0213 Amended 

.0219 Amended 

.0222 Adopted 

.0603 Amended 

.0605 Amended 

.0609 Adopted 

2K .0402 .\mended 

4A .0002 - .0004 Repealed 

4B .0002 - .0003 Repealed 

.0005 Amended 

.0007 Amended 

.0018 Amended 

.0019 Repealed 

.0023 Repealed 

4C .0001 Repealed 

.0004 Repealed 

.0010 Amended 

4D .0001 Repealed 

.0002 Amended 

4E .0104 Amended 

.0105 Repealed 

.0203 Amended 

.0302 Repealed 

.0406 Amended 

.0503 Amended 

5A .0102 Repealed 

5C .0002 Amended 

.0022 Repealed 

.0027 - .0028 Repealed 

5D .0002 Repealed 

.0003 Amended 

5F .0008 - .0009 Amended 

5G .0001 Repealed 

71 .0303 - .0304 Repealed 

7J .0304 Repealed 

8A .0101 - .0102 Amended 

.0110 Repealed 



NORTH CAROLINA REGISTER 499 



LIST OF RULES AFFECTED 



.0202 




Amended 


.0302 




Amended 


.0502 




Amended 


8B .0101 




Amended 


.0105 




Amended 


.0107 




Ref)ealed 


.0303 - 


.0304 


Amended 


.0401 




Repealed 


.0402 




Amended 


.0501 




Repealed 


.0503 - 


.0505 


Repealed 


8C .0001 




Repealed 


.0002 




Amended 


8D .0002 




Amended 


9C .0510- 


.0513 


Amended 


lOB .0115 




Amended 


.0403 




Amended 


lOF .0102 




Amended 


.0201 - 


.0202 


Amended 


.0304 




Amended 


10G.0102 




Amended 


10H.0407 




Amended 


.0701 




Amended 


.0801 




Amended 


101 .0001 




Amended 


12A.0003 




Repealed 


.0005 




Amended 


12C.0102 




Amended 


.0306 




Amended 


12F .0202 




Amended 


12G.0102 




Amended 


.0104 




Repealed 


.0205 




Repealed 


.0302 




Repealed 


12H.0103 




Amended 


.0205 




Amended 


.0302 - 


.0303 


Amended 


.0306 




Amended 


12J .0102 




Amended 


13L .0403 




Amended 


16B .0101 




Amended 


17A.0001 




Amended 


173.0102 




Amended 


.0201 




Amended 


.0502 




Amended 


.0702 




Amended 


17C.0001 - 


.0004 


Amended 


.0005 




Repealed 


.0006 




Amended 


DEPARTMENT OF RE\ EM E 






17 NCAC 78 .0206 




Amended 


.0406 




Amended 


.1105 




Amended 


.1108- 


.1110 


Amended 


.1112- 


.1114 


Amended 


.1201 




Amended 


.1401 - 


.1403 


Amended 



500 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



7C 



.1405 

.1705 

.2903 

.4201 

.4501 

.4512 

.5425 

.5433 

.5443 

.0103 

.0108 

.0201 - .0203 

.0204 

.0206 - .0207 



.4202 



.5427 



.0105 



Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Amended 
Repealed 
Repealed 



DEPARTMENT OF STATE TREASURER 



20 NCAC IF .0301 

.0302 - .0314 

2A .0101 
.0103 

2B .0706 
.1005 

2C .0704 
.1003 
.1603 

2D .0101 

.0201 - .0209 



.0211 
.0205 
.0206 
.0208 
.0210 
.0306 
.0309 



.0214 



Amended 
Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Amended 
Amended 



BOARD OF CERTIFIED PIBIIC ACCOUNTANT EXAMINERS 



21 NCAC 8G .0403 

8H .0005 

8J .0002 - .0003 

8K .0104 



Amended 
Adopted 
Amended 
Amended 



BOARD OF COSMETIC ART EXAMINERS 



21 NCAC I4B .0106 

14C .0202 

.0301 

14D .0302 



Repealed 
Amended 
Repealed 
Amended 



BOARD OF LANDSCAPE ARCHITECTS 



21 



NCAC 26 



.0102 
.0103 
.0105 
.0202 
.0203 
.0301 
.0303 



.0204 



Repealed 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 



NORTH CAROLINA REGISTER 



501 



LIST OF RULES AFFECTED 



.0304 - .0305 
.0401 

BOARD OF MRDICAL EXAMINERS 

21 NCAC 32J .0001 - .0003 

32K .0101 - .0104 
.0201 - .0208 
BOARD OF MORTUARY SCIENCE 



21 NCAC 34 


.0105- 


.0107 




.0117- 


.0118 




.0202 






.0210- 


.0211 




.0220 






.0225 






.0402 - 


.0404 




.0608 - 


.0609 




.0701 - 


.0702 




.0708 - 


.0709 




.0711 - 


.0712 


BOARD OF NURSING 


.0218 




21 NCAC 36 




BOARD OF PHARMACY 


.1601 




21 NCAC 46 






.1804 




REAL ESTATE LICENSIN(; 


BOARD 





21 NCAC 58A .0301 

COMMUNITY COLLEGES 

23 NCAC 2D .0202 

OFFICE OF STATE PERSONNEL 

25 NCAC II .0203 

OFFICE OF ADMINISTR.ATIVE HEARINGS 



26 



NCAC 3 



.0001 



Repealed 
Amended 



Adopted 
Adopted 
Adopted 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 



Amended 



Amended 
Amended 



Amended 



Amended 



Amended 



Amended 



502 



NORTH CAROLINA REGISTER 



NC AC INDEX 



TITLE/MAJOR DFV ISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
*21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Housing Finance Agency 

State Personnel, Office of 

Administrative Hearings, Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSrSG BOARDS 



2 
4 
6 
8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
31 
32 
33 
34 
36 
37 
38 
40 
42 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified PubUc Accountant Examiners, Board of 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners of 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Martial & Family Therapy Certification Board 

Medical Exarniners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapists, Board of 

Opticians, Board of 

Optometry', Board of Examiners in 



NORTH CAROLINA REGISTER 



503 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Phannacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



504 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1988 - March 1989) 



1988 - 
Pages 
1 - 25 


1989 


26 - 


108 




109 - 


118 




119 - 


145 




146 - 


184 




185 - 


266 




267 - 


294 




295 - 


347 




348 - 


400 





401 



Issue 

.1 - April 

.2 - April 

.3 - May 

.4 - May 

.5 - June 

.6 - June 

.7 - July 

.8 - July 

.9 - August 

507 10 - August 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

PR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - List of Rules Affected 

M - Miscellaneous 

XP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSTRATION 

Administrative Analysis Division, 447 PR 

Auxiliary Services, 270 PR 

Departmental Rules, 270 PR 

State Construction, 187 PR 

Youth Advocacy and Involvement Office, 148 PR 

ADMINISTRATIVE HEARINGS 

Hearings Division, 76 PR 

ADMINISTRATIVE ORDER 

Administrative Order, 369 AO 

AGRICULTURE 

Food and Drug Protection Division, 271 PR 
N.C. State Fair, 451 PR 
Plant Industry, 453 PR 



NORTH CAROLINA REGISTER 



505 



CUMULA TIVE INDEX 



Standards Division, 452 PR 

Structural F'est Control Committee, 296 PR 

COMMERCE 

Alcoholic Beverage Control Commission, 276 PR 
Milk Commission, 120 PR, 190 PR 

COMMUNITY COLLEGES 

Community Colleges, 287 PR 

CORRECTION 

Division of Prisons, 490 FR 

CRIME CONTROL AND PUBLIC SAEETY 

Alcohol law Enforcement, 47 PR 

ELECTIONS 

State Board of Elections, 120 PR 

EXECUTE E ORDERS 

Executive Orders 68-71, 1 EO 

72,119 EO 

73, 146 EO 

EES AL DECISION LETTERS 

Voting Rights Act, 5 FDL, 26 FDL, 185 FDL, 267 FDL, 295 FDL, 370 FDL, 401 FDL 

GENERAL STATUTES 

Chapter 7A, 348 GS 
Chapter 143B, 350 GS 
Chapter 150B, 352 GS 

HUMAN RESOURCES 

Division of Aging, 229 PR 

Drug Commission, 113 FR 

Facilitv Services, 455 PR 

Health Services, 7 PR, 220 PR, 296 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 

Mental Health General, 457 PR 

Mental Health Hospitals, 459 PR 

Office of the Secretary', 31 PR 

Social Services Commission, 27 PR 

Vocational Rehabilitation Services, 371 PR 

INDEPENDENT AGENCIES 

Housing Fmance, 21 PR, 134 PR, 255 PR 

EVSURANCE 

Agent Services, 238 PR 

Companv Operations Division, 470 PR 

Fire and Casualty Division, 32 PR, 461 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 304 PR 
Private Protective Services, 303 PR 

LICENSING BOARDS 

Cosmetic Art Examiners, 283 PR, 473 PR 



506 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CPA, 73 PR, 472 PR 

Examiners of Electrical Contractors, 1 5 1 PR 

Hearing Aid Dealers, 77 FR 

Nursing, 376 PR, 477 PR 

Podiatry Examiners, 377 PR 

LIST OF RULES AFFECTED 

April 1, 1988, 102 LRA 
May 1, 1988, 137 LRA 
June 1, 1988, 260 LRA 
July 1, 1988, 335 LRA 
August 1, 1988, 496 LRA 

NATURAL RESOURCES AND COMMUNFFY DEVELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR 

Community Assistance, 69 PR 

Envirormiental Management, 241 PR, 278 PR 

Forest Resources, 68 PR 

Marine Fisheries, 62 PR 

Soil and Water Conservation, 1 1 1 PR 

WUdlife Resources and Water Safety, 1 1 1 PR, 282 PR, 470 PR 

REVENUE 

License and Excise Tax, 113 FR 
Motor Fuels Tax, 258 FR 
Sales and Use Taxes, 386 FR 

SECRETARY OF STATE 

Securities Division, 125 PR 

STATE PERSONNEL 

State Personnel Commission, 135 PR, 333 PR 

STATE TREASURER 

Escheats and Abandoned Property, 328 PR 
Local Government Commission, 18 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 403 SO 

TRANSPORTATION 

Division of Motor Vehicles, 172 FR, 258 FR 



NORTH CAROLINA REGISTER 507 



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